WALLAITI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners Nos. 2 and 3 Sarvshri Mohinder Singh and Jagdish Kumar were the licensed vendors for the sale of liquor at Subathu liquor vend Petitioner No. I Shri Walaiti Ram was employed by them as salesman in the aforesaid liquor vend. On receipt of some secret information the police raided the said vend of the petitioners on 17.4.1972 and took samples of Blue Seal Whisky and Dry Gin which were duly sealed on the spot in the presence of the witnesses. These samples were later forwarded to the Chemical Examiner Patiala for analysis. As per report of the Chemical Examiner the sample of Blue Seal Whisky was found to contain methyl alcohol, a poisonous matter which showed that the contents of this Blue Seal Whisky bottle were illicit. All the three petitioners were accordingly made to face their trial for the offences punishable under 5. 417, 486 and 270 of the I.P.C. as also section 61 of the Punjab Excise Act. As a result of that trial all the three petitioners were convicted for the offences under sections 417 and 420 as also under section 61 of the Punjab Excise Act thoughT they all were acquitted of the offence under section 486 Indian Penal Code Petitioner No. 1 was sentenced to pay a fine of Rs. 200/- or in default to undergo S. I. for one month for the offence under section 4 I 7 Indian Penal Code, and to pay a fine of Rs. 200/- and in default to under go S.I. for one month for the offence under section 270 Indian Penal Code. For the offence under section 61 of the Punjab Excise Act, he was sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 300/- and in default of payment of fine to undergo S.I. for two months. Each of the other petitioners was sentenced to pay a fine of Rs. 300/-and in default of payment of fine to undergo S.I. for two months for the offence under section 417 Indian Penal Cole and to pay a fine of Rs. 200/- and in default of payment of fine to undergo S.I. for one month for the offence under section 270 Indian Penal Code. For the offence under section 61 of the Punjab Excise Act, each of them was sentenced to S.I. for one day and to pay a fine of Rs. 1000/. and in default of payment of fine to undergo S.I. for six months.

(2.) The petitioners feeling aggrieved approached the Sessions Judge in appeal. The learned Sessions Judge vide a cryptic order dismissed the appeal maintaining the convictions, as also the sentences passed against the petitioners on various counts.

(3.) The petitioners have now approached this Court in revision.