NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case in brief is that on 30.3.1995, Excise Inspector Sat Pal Gupta alongwith other officials of the Excise Staff reached the round about near the Post Office Gate in a private Jeep in connection with the detection of liquor. Jeep No. HPM 138 of sky-blue colour was found and Nachhattar Singh accused was sitting in the Jeep. Jeep was searched. Search of the Jeep yielded the recovery of five cartons. Out of those cartons, two cartons contained 12 bottles each of Bagpiper liquor, remaining two cartons contained 12 bottles each of Solan No. 1 whisky. Remaining one carton contained six bottles of Bagpiper liquor and six bottles of Solan No. 1 whisky. In this manner, 60 bottles of Indian Made Foreign Whisky of the said brands were recovered from the Jeep in five cartons. Sample weighing 180 Mls. of liquor was taken out of each bottle. All the bottles were sealed with seal of the Excise Inspector bearing seal SPG. Sample nips were also saled with the same seal impression. Seal after use was handed over to Constable Jaswant Singh. Sat Pal Gupta Excise Inspector took the case property into possession vide memo Ex. PB. Ruqa Ex. PD was sent to the Police Station, on the basis of which formal FIR was registered at Police Station Sadar Bathinda. The sample nips were sent for chemical examination. Chemical Examiner reported vide report Ex. PE that they contained liquor resembling Indian Made Foreign Whisky. After investigation, accused was challaned under section 61(1)(a) of the Punjab Excise Act, 1914.

(2.) ACCUSED was charged under section 61(1)(a) of the Punjab Excise Act by Judicial Magistrate Ist Class, Bathinda.

(3.) LEARNED Additional Sessions Judge dismissed his appeal vide order dated 12.3.1999. Nachhattar Singh has yet come to this Court through this revision thereby challenging his conviction and sentence recorded by the learned Additional Sessions Judge, Bathinda on 12.3.1999 dismissing his appeal against conviction and sentence passed by the learned Magistrate.