TOSHI (SMT.) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Terming her conviction and consequent sentence imposed upon her by the Courts below with the concurrent findings as wrong, illegal, arbitrary, against the evidence on the record, based on conjectures and surmises, the petitioner is before this Court in the present Criminal Revision challenging the same.

(2.) The brief facts leading to the prosecution of the petitioner are that on Aug. 28, 1986 Head Constable Bhag Mal along with police party and Jagir Singh, Excise Peon was going for excise checking towards village Ghasitpur. When the Police Party was at some distance from village Ghasitpur the petitioner was seen coming from the front side on foot. The petitioner, on seeing the police party, sat down towards road side. On the basis of suspicion, she was apprehended and subjected to personal search. From the plastic cany which the petitioner was holding in her right hand, illicit liquor was recovered. After taking a sample of 180 mls., the remaining liquor was measured and the same came out to be nine bottles. Investigation in the case was conducted and after completion of investigation, the petitioner was put to trial.

(3.) After recording evidence in the case and hearing arguments, the Judicial Magistrate Ist Class, Dasuya vide judgment dated Oct. 23, 1987 convicted the petitioner under Sec. 61(1)(a) of the Punjab Excise Act, 1914 and vide order of even date, sentenced her to undergo three months rigorous imprisonment and to pay a fine of Rs. 500/ - and in default of payment of fine to undergo further 15 days rigorous imprisonment. The petitioner challenged her conviction and sentence in an appeal before the Additional Sessions Judge Hoshiarpur who vide his judgment dated Sept. 16, 1988 confirmed the judgment/order dated Oct. 23,1987 of Judicial Magistrate Ist Class, Dasuya and dismissed the appeal.