JAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 13.7.1988 passed by Additional Sessions Judge, Ferozepur, who dismissed the appeal of the petitioner.

(2.) THE brief facts of the case are that on 17.3.1984. ASI Sarabajit Singh along with Constable Om Parkash had gone for patrolling towards village Goluke and when he reached bus stand for Guruhar Sahai, E.I.J.C., Sharia met him, who was joined in the police party. Thereafter the police party reached near the seepage drain where a secret information was received to the effect that the petitioner used to sell illicit liquor and if a raid is conducted in his house, huge quantity of illicit liquor could be recovered from him. On receipt of this information, ruqa was sent to the police station on the basis of which formal FIR was recorded. Thereafter the police party raided the house of the petitioner, who was found present there. On interrogation, the petitioner disclosed that he had kept concealed three tubes containing illicit liquor in his wheat chaff kotha which he only knew and he could get the same recovered. His disclosure statement was reduced into writing and the same was thumb marked by the petitioner. Thereafter in pursuance of the said disclosure statement the petitioner got recovered three tubes containing illicit liquor. From each tube 375 mls. liquor was taken out as sample and the remaining liquor in each tube was measured which came to be 100 bottles each. The illicit liquor was again poured into the same tubes. The samples and the tubes were sealed with the seal bearing impression 'SS' and were taken into possession vide recovery memo. Rough site plan of the place of recovery was prepared. After receipt of the report of the Chemical Examiner and completion of investigation, the petitioner was challaned in the Court of Illaqa Magistrate.

(3.) IN order to prove the charge, the prosecution examined SI Sarabjit Singh PW-1, Constable Baldev Singh PW-2, HC Sukhwinder Singh PW-3, EI J.C. Sharia PW-4 and also tendered into evidence affidavit Ex. PF of Constable Sardool Singh and report Ex. PG of the Assistant Chemical Examiner.