BAHADUR Vs. STATE

JUDGEMENT

(1.) BAHADUR Singh, accused-petitioner, dissatisfied with the judgment dated July 18, 1988, passed by Shri E.S. Teji, the then Additional Sessions Judge, Bathinda, affirming the conviction and sentence under section 61(1)(a) of the Punjab Excise Act, 1914, recorded by Shri Mohinder Singh, Sub-Divisional Judicial Magistrate, Phul, whereby the accused-petitioner was ordered to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of six months, has preferred this criminal revision. The co- accoused, namely Billu Ram and Ram Kumar were, however, acquitted.

(2.) ON April 27, 1984, Sub-Inspector Balbir Singh along with other police officials, after traffic checking, intercepted the accused-petitioner, who was driving the leter rehra (cart) in the area of road leading to village Nandgarh Kotra. On checking, 30 boxes containing 12 bottles each of country liquor were recovered. 180 Mls. of liquor was separated by way of sample from each bottle. The bottles and the samples, after they were sealed with the seal mark 'BS' were taken into possession vide recovery Memo. Exhibit PA. Thereafter, on the basis of the ruqa sent by the Investigating Officer, the case was registered. On the completion of the investigation, the petitioner along with Billu Ram and Ram Kumar were challaned. All the three were charge-sheeted under section 61(1)(a), read with section 77 of the Punjab Excise Act. They all claimed trial by not pleading not guilty to the charge.

(3.) I have gone through the records. Mr. Devender Kumar, Assistant Advocate- General Punjab, was also heard.