RAM RATTAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal revision petition is directed to challenge the judgment of the Sessions Judge, Jind, rejecting the criminal appeal filed by Ram Rattan son of Shiv Dhan for challenging the conviction and sentence recorded against him by the Judicial Magistrate Ist Class, Jind under Section 61(1)(a) of the Punjab Excise Act, 1914 (for short the "Act").

(2.) THE petitioner Ram Rattan was prehended on 21.10.1985 by HC Jai Bhagwan and other police officials at the bank of the canal Minor when he was moving along the railway line but on seeing the police party he had reacted in a manner which aroused suspicion. After apprehension, 100 gms of Charas was recovered from his possession out of which 5 gms of sample was sent to the Chemical Examiner for analysis who confirmed that the recovered article was charas whereafter challan was filed and the petitioner was tried for an offence under 61(1)(a) of the Act in support of its case, the prosecution had examined HC Jai Bhagwan and HC Anup Singh and tendered affidavits Ex. PX and PY and report of the Chemical Examiner as Ex.PZ. The Chief Judicial Magistrate had convicted the petitioner of the offence and sentenced him to undergo rigorous imporinsment for three months and to pay a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for one month. The appeal had been dismissed. The petitioner Ram Rattan has come up in revision.

(3.) WITH the help of the learned counsel appearing for the State, I have gone through the file. The main grounds made out in the petition was against the reliability of the official witnesses who have appeared in the case. The courts below had rightly rejected this ground of attack because on account of the failure of the petitioner to bring out any circumstance on the record on the basis of which the Court could infer that these witnesses were disposing on account of some ulterior motive and were actually inimically deposed of against the petitioner.