LAKHWINDER SINGH @ LAKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ASSAILED in this petition is the judgment dated 20.3.2003 passed by the learned Additional Sessions Judge, Ferozepur, dismissing the appeal filed by the accused -petitioner Lakhwinder Singh @ Lakha (herein referred as 'the petitioner'), against the judgment dated 8.11.2002 passed by the learned Chief Judicial Magistrate, Ferozepur, convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 5000/ -under Section 61 of the Punjab Excise Act (herein referred as 'the Act').

(2.) THE factual matrix of the case is that on 21.9.1996, on the basis of the secret information regarding the petitioner indulging into distilling of illicit liquor, ASI Sukhdev Singh sent ruqa to the police station on the basis of which formal FIR was registered. Accordingly, a raid was conducted and the petitioner was found distilling illicit liquor by means of working still. A drum containing 80 kgs of lahan was kept on the hearth. A sample nip measuring 180 mls was separated from the container. On measurement the remaining liquor it was found to be 15 bottles. A drum containing about 150 kgs of lahan was also lying near the working still. The case property was taken into possession vide separate recovery memos. Statement of the witnesses were recorded. On completion of the investigation, a report under Section 173 Cr.P.C. was presented in the Court.

(3.) SUFFICIENT evidence was led and ultimately, the trial ended in conviction. The appeal preferred by him also failed.