JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 for having been found in possession of 6-3/4 bottles of illicit liquor. He was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. This conviction and sentence was maintained by the learned Sessions Judge in appeal by the petitioner.

(2.) THE petitioner was allegedly intercepted by ASI Ram Charan, P.W.1 in the presence of HC Tek Ram, P.W.2 on 19.10.1985 while he was carrying 6-3/4 bottles of illicit liquor in a plastic jerrican on the carrier of his cycle in the area of village Bhusthala. A sample was taken out. The remaining liquor and the sample were sealed and taken into possession vide memo Ex.PA. The report of Chemical Examiner Ex.P2 stated that it was a county made liquor. This led to the prosecution of the petitioner and the testimony of the aforesaid two police officials had resulted into the aforesaid conviction and sentence of the petitioner.

(3.) IN view of above discussion, looking from any angle the conviction and sentence of the petitioner in the given case cannot be sustained. Therefore, the revision is allowed and the petitioner is acquitted of the charges framed against him. Revision allowed.