BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 12th August, 1983, SI Prem Singh got secret information that the petitioner indulged in distillation of illicit liquor. A rukka was sent to the police station for the registration of a case. Police party then raided the place about which the information had been given. The petitioner was found present and was apprehended. On interrogation, the petitioner made a disclosure statement that he kept concealed three drums of lahan and a plastic can containing 25 bottles of illicit liquor together with implements for distillation of illicit liquor and that he could get the same recovered. In pursuance of the disclosure statement, the petitioner was taken to the stated place and the said articles were got recovered. Lahan in the drums was got tested from Excise Inspector and his report was obtained. A sample of illicit liquor was taken from the can and both the remaining illicit liquor in can and that in the sample were separately sealed. The sample was got tested from the Chemical Examiner whose report found it to be illicit liquor.

(2.) A report under Section 173 of the Code of Criminal Procedure was submitted and after going through the papers, charge under Section (6)(1)(a) of the Punjab Excise Act was framed. The prosecution examined PW I SI Prem Singh and PW 2 Excise Inspector Pawan Kumar. The prosecution version was supported by both the witnesses. The prosecution also tendered in evidence two affidavits, Ex. P.G and P,H. of Constable Jung Singh and Head Constable Mithu Singh, respectively. Ex. P,F. is the report of the Chemical Examiner.

(3.) THE trial Court after appreciating the evidence of the prosecution as well as that of the defence, found the petitioner guilty under the said Section and sentenced the petitioner to, undergo RI for 8 months and to pay a fine of Rs. 1,000/-. In default of fine, the petitioner was directed to undergo RI for 2 months., The petitioner challenged his conviction and sentence before the Appellate Court but could not succeed and his appeal was dismissed.