DIDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision against the order passed by the Sessions Judge, Ferozepur dated 19.8.1985 whereby the petitioner stands convicted and sentenced for an offence under Section 61(1)(c) of the Punjab Excise Act. The sentence imposed is to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/-. In default of payment of fine the petitioner was directed to suffer further R.I. for two months. Appeal against the order failed.

(2.) THE petitioner was apprehended while distilling illicit liquor by means of a working still on 14.3.1982. After investigation, report under Section 173 of the Code of Criminal Procedure was submitted. The petitioner was tried by the trial Court. The prosecution examined PW1 Excise Inspector or Hardial Singh, PW2 ASI Basant Singh and PW3 Constable Tehal Singh. Affidavits Ex.PE and PF of Constable Darshan Singh and MHC Nand Singh respectively were tendered into evidence. The report of the Chemical Examiner Ex.PD was also tendered. I have gone through the statements of the witnesses and other record thoroughly.

(3.) IT may be noted that apart from the lahan contained in the drums, some illicit liquor as also taken into possession and the same was poured into 5 bottles, but no separate charge was framed against the petitioner for an offence under Section 61(1)(a) of the Punjab Excise Act and, therefore, for possession of illicit liquor, he was not convicted. Although there is a mistake in the order of the Sessions Court that the petitioner was convicted under Section 61(1)(a) of the Act, yet the same seems to be accidental. Copy of judgment in case : State v. Harnam Singh who was acquitted by the same Court for allegedly distilling illicit liquor through a working still on the same day was acquitted. It is of no avail to the revision-petitioner, because the finding given in that case was that HC Malkiat Singh was not present at the time of alleged raid and, therefore, the prosecution could not claim its version to be correct.