AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -petitioner Avtar Singh was found by Police Station City, Ferozepore Police in possession of 37875 mls. of illicit liquor in the area of fish market, Ferozepore on 24th October, 1983. Learned Judicial Magistrate Ist Class, Ferozepore, vide his judgment dated 8th July, 1986 convicted him of the commission of offence under Section 61(1)(a) of the Punjab Excise Act and sentenced him to undergo rigorous imprisonment for one year and to pay Rs. 1000/- as fine. In default of payment of fine accused-petitioner was ordered to undergo rigorous imprisonment for a further period of 4 months.

(2.) IN appeal decided on 16th September, 1987 learned Additional Sessions Judge, Ferozepore, remanded the case back to the learned trial Court for fresh decision, after recording evidence of two prosecution witnesses in Head Constable Devi Dayal and Constable Shingara Singh and examining the accused under Section 313, Cr.P.C. in regard to additional evidence aforesaid.

(3.) IDENTICALLY the same point was considered by the Court in Jagdish Singh v. State of Haryana, 1987(1) Recent Criminal Reports 182, Subhash Chand v. State of Haryana, 1987(1) Recent Criminal Reports 243 and Subhash Chander v. State of Haryana through Government Food Inspector, 1987(1) Recent CR 653 wherein it was observed. "Indeed, in the situation which has arisen here it would be pertinent to keep in mind what was said by the Supreme Court in case Machander v. The State of Hyderabad, AIR 1955 SC 792, wherein it was observed :-