HARPAL SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried by the Court of Judicial Magistrate Ist Class, Jalandhar, under Section 61/1/14 of the Punjab Excise Act, 1914, on the allegation that on 1.4.2000, during a Naka held by ASI Harjit Singh along with other police officials, a three-wheeler bearing No. PB-08-2/5882 driven by Manjit Singh @ Nita was stopped and found the petitioner sitting on cartons. On search, the same were found to be 15 cartons of country made liquor were for which the petitioner failed to show any licence or permit for keeping the same in his possession.

(2.) ON conclusion of trial, the learned trial Court held the accused- petitioner, Harpal Singh @ Kala, guilty under Section 61(1)(iii) of the Excise Act and accordingly, he was sentenced to undergo simple imprisonment for one year and to pay fine of Rs. 1500/- and in default of payment of fine to further undergo SI for one month. On appeal, the lower appellate Court upheld the judgment of the trial Court. Hence, the present revision.

(3.) I have heard the learned counsel for the parties.