LAWS(P&H)-2009-5-216

KUNAN SINGH Vs. STATE OF PUNJAB

Decided On May 30, 2009
Kunan Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) KUNAN Singh, petitioner, was nominated as accused in case FIR No. 121 dated 29.8.2002 registered at Police Station Ghuman, under Section 61(1)(c) of the Punjab Excise Act, 1914 (hereinafter referred to as "the Act").

(2.) BRIEFLY stated, the prosecution case is that on 29.8.2002 a police party headed by Sawinder Singh, Head Constable, was on patrol duty. When the police party reached at turn of village Barriar, an informer gave an information that Kunan Singh son of Sewa Singh indulge in distilling and selling of illicit liquor by means of working still and if the raid is conducted, then a huge quantity of illicit liquor can be recovered. Accordingly, the police party raided the house of petitioner where he was found feeding the fire under the working still and on seeing the police party, the petitioner fled away from the spot. The working still was dismantled. 30 Kgs. of lahan, one bottle containing 750 mls. of illicit liquor and various instruments of working still, were recovered, which were taken into possession vide memo Ex.4. FIR was investigated. Report under Section 173 Cr.P.C. was submitted.

(3.) PROSECUTION examined Amarjit Singh, Excise Inspector, as PW.1, Sawinder Singh, Head Constable, as PW.2, who is the Investigating Officer, Daljit Singh, Head Constable, as PW.3, Amrik Singh, Moharrir Head Constable, as PW.4, and Harpal Singh, Constable as PW.5.