JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGIR Singh was tried by the Judicial Magistrate Ist Class, Ferozepur, for the offence under Section 61(1)(c) of the Punjab Excise Act, 1914. The prosecution case was that on April 13, 1984, Head Constable, Harbans Singh of Police Station Jalalabad, District Ferozepur along with other police men was on patrol duty. He, on receipt of a secret information, conducted a raid and found the accused Jagir Singh manufacturing illicit liquor in a 'working still' on the bank of a canal at village Kathgarh. Jagir Singh was arrested and parts and components of the working still were seized. 'Lahan' weighing 70 kgs. was found in a drum, which was being used as a boiler on a furnace. Samples of liquor were taken and kept in three bottles. All the articles were deposited at the Police Station. Lahan was found fit for distilling purposes by the Excise Inspector on testing.

(2.) DURING trial, three witnesses, namely, Head Constable Roor Singh, Head Constable Harbans Singh and Excise Inspector J.C. Sharia were examined by the prosecution. Report of the Chemical Examiner was tendered in evidence. The accused denied the allegations and examined Constable Dharam Singh in his defence. The prosecution witnesses, Head Constable Roor Singh and Head Constable Harbans Singh in their evidence gave the details about the raid at the working still. The learned Judicial Magistrate arrived at the conclusion that Jagir Singh was found running a distillery unit to manufacture illicit liquor. Jagir Singh was sentenced to rigorous imprisonment for one year and a fine of Rs. 5000/- under Section 61(1)(c) of the Punjab Excise Act. His appeal was dismissed by the learned Additional Sessions Judge, Ferozepur, by order dated November 23, 1987.

(3.) LEARNED Deputy Advocate General, Punjab, has, on the other hand, contended that raid was conducted by the police party on a secret information and it was for that reason that no one was taken as a witness. Any delay or leakage of information would have frustrated the entire exercise. Nothing is on the record to show that the evidence of the police men is motivated by enmity.