GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 12.03.1998 rendered by the court of Additional Sessions Judge, Muktsar, vide which it dismissed the appeal against the judgment of conviction and order of sentence dated 24.07.1995 rendered by the court of Judicial Magistrate First Class, Gidderbaha vide, which it convicted the present revision-petitioner for offence under Section 61 (1)(c) of the Punjab Excise Act, 1914 (hereinafter called as the 'Act') and sentenced him to undergo rigorous imprisonment for one year and pay a fine of Rs. 5000/- and in default of payment of fine to undergo further R.I. for six months.

(2.) BRIEFLY stated, the case of the prosecution is that on 09.05.1994 police party headed by Nirmal Singh, ASI was on patrol duty in a Govt. canter in the area of village Dada Kaoni and when they reached on Bus Stand of village Chhateana, Ravinder Singh Romana, Excise Inspector joined the police party. They were heading towards village Dada Kaoni and when they reached near the bridge on drain of village Dada Kaoni, a secret information was received that Gurjit Singh - revision-petitioner was distilling illicit liquor and if raid is conducted he would be caught red-handed. On the basis of secret information, Ruqa Ex.PD was sent to the police station on the basis of which formal F.I.R. Ex.PD/1 was recorded. An independent witness Naib Singh son of Jarnail Singh was also joined in the police party and raid was conducted on the house of the revision-petitioner and he was found distilling illicit liquor. The working still was dismantled and let to cool down. The drum containing 100 litres of lahan was got tested from Ravinder Singh Romana, Excise Inspector and thereafter it was sealed. The receiver cane was having illicit liquor out of which 180 ML was taken as sample and remaining was measuring four bottles, which was again put in the same cane. The components and the working still and the remaing case property was taken into possession vide, recovery Memo Ex.PB. The revision-petitioner was arrested. Sample was sent to Chemical Examiner and vide, report Ex.PE the same was found to be of liquor. After completion of the investigation, the revision-petitioner was sent up to face trial under Section 61(1)(c) of the Act to which he did not plead guilty and claimed trial.

(3.) IN the statement under Section 313 of Cr.P.C the accused denied the version of prosecution witnesses and took the plea that he was falsely implicated in this case and further stated that he was taken from his house in the presence of Major Singh son of Swan Singh, and Sandhura Singh, Member Panchayat. He also examined Naib Singh as DW1 and Sandhura Singh as DW2, in his defence.