LAWS(P&H)-2009-2-100

SATNAM SINGH Vs. STATE OF PUNJAB

Decided On February 11, 2009
SATNAM SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 11.08.2001, rendered by the Court of Sessions Judge, Ferozepur, vide which it dismissed the appeal against the judgment of conviction dated 08.07.1998, rendered by the Court of Additional Chief Judicial Magistrate, Ferozepur, convicting the accused (now revision petitioner), for the offence punishable under Section 61(1)(c) of the Punjab Excise Act and awarding sentence to undergo rigorous imprisonment for a period of one year, and to pay a fine of Rs. 5000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) THE facts, in brief, are that on 02.05.1993 Tara Singh, Head Constable accompanied by other Police officials, was present, in the area of village Dulchike, in connection with patrol duty, when a secret information was received that the accused was indulging in distilling illicit liquor. It was further informed by the secret informer, that at that time he was distilling illicit liquor, by setting up a working still on the southern bank of river Satluj, in the area of village Alike and could be apprehended, if raid was conducted. On receipt of this information, ruqa Ex.PA was sent to the Police Station, on the basis whereof, FIP. Ex.PA/1, was registered. Thereafter, the Police party headed by Tara Singh, Head Constable, raided the aforesaid place and found the accused distilling illicit liquor by means of working still. The working still was dismantled and cooled down. The components thereof were Ex.P1 to Ex.P8. 180 Mls illicit liquor as sample, out of the distilled Liquor, contained in the receiver tin (Pipa) was taken. The aforesaid liquor from the receiver tin (Pipa) after drawing the sample was transferred into a can, which came to be 10 bottles. The remaining illicit liquor, on measurement, came to be 50 bottles. The samples were also taken therefrom. The samples, the aforesaid illicit liquor, the drum boiler containing 80 Kgs of lahan partially distilled and fit for further distillation as also two other drums containing about 150 Kgs each lahan, lying near the still, were duly sealed. All the aforesaid articles were taken into possession, vide separate recovery memo Ex.PB. The accused was arrested. The statements of the witnesses were recorded.

(3.) ON his appearance, in the Court, the accused was supplied the Copies of documents, relied upon by the prosecution. Charge under Section 61(1)(c) of the Punjab Excise Act, was framed against the accused, to which he pleaded not guilty and claimed judicial trial.