BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALDEV Singh son of Dalip Singh, was convicted by Sub Divisional Judicial Magistrate, Panipat under Section 61(1)(a) of the Punjab Excise Act, vide his order dated 29th November, 1985, and sentenced thereunder to rigorous imprisonment for three months and a fine of Rs. 1,000/-, or in default of payment of fine, to undergo further rigorous imprisonment for two months. His appeal was dismissed by Sh. S.K. Jain, Sessions Judge, Karnal, vide order dated 19th February, 1986. Feeling aggrieved he has come up in revision.

(2.) AS per the prosecution story, Jagdish Chander, HC, along with other police officials was present at the Canal Rest House Bahali on 19th November, 1984, on patrolling and excise detection duty when he received a secret information that the petitioner Baldev Singh r/o that village was in possession of lahan Jagdish Chander, HC, organised a party and raided the dera of the petitioner where the accused was present. He was interrogated during which he suffered a disclosure statement Ex. PB stating that he had burried a drum near the khera. He led the police party to the place of concealment and got drum Ex. P1, containing 180 kgs. of lahan, recovered from there. The contents of the drum Ex. P1 were tested by Sat Narain, Excise Inspector, and were found to be a mixture of gur, water and kikkar bark. The mixture was fully fermented and fit for illicit distillation vide report Ex. PA for the Excise Inspector. After investigation, the accused was sent up to face trial which ultimately led to his conviction and sentence as noticed above.

(3.) AS there were basic contradictions in the prosecution evidence, the trial Court found that Zila Singh PW-3 may not have been present at the place and time of recovery, and, thus, excluded his evidence, with the following observations :-