(1.) PARTAP Singh and his son Inder Singh were convicted under S. 48 of the Excise Act by Sub -Judge Magistrate, First Class. Jammu and were .sentenced to undergo three months rigorous imprisonment with a fine of Rs. 100/ - and in default of payment of fine to undergo one months further rigorous imprisonment each. On appeal the learned Additional Sessions Judge maintained the conviction of the accused but remitted the remaining portion, of sentence in the case of Partap Singh who is an old man of nearly seventy years whereas the sentence passed on Inder Singh was upheld. The accused have come up in revision to this Court against the order of the Additional Sessions Judge.
(2.) THE prosecution case briefly stated is as follows. On 1 -10 -1957, Abdul Hamid Khan Excise Officer, Mr. Harbans Lal City Magistrate, Jammu accompanied by a number of Police constables went to Bhor Camp at about 6 a.m. and houses belonging to some of the inhabitants of the Camp were guarded by the Police. They entered the house of the accused and conducted search therein. There were two more ladies and a small child in the house. From the room a Patila, four bottles, two half bottles, one Kupi of tin and one rubber tube, all full of illicit liquor weighing 3 1/2 gallons and one earthen pitcher and two tins full of Lahan were recovered from the search of the house. All these containers were seized and sealed there and then the accused were challaned.
(3.) THE defence of the accused was that their house was not searched and no recovery was made therefrom. The prosecution produced Mr. Harbans Lal Magistrate who deposed that the accused admitted before him that the house belonged to them. From the evidence of Abdul Hamid Khan Excise Officer and Mr. Hukam Chand it appears that the Patila, bottles, Kupi, a tin and a rubber tube contained illicit liquor. On the basis of the recovery from the possession of Partap Singh and his son Inder Singh conviction under S. 48 of the Excise Act was recorded against them and they were sentenced ay stated above.