AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 11.7.1988 passed by Additional Sessions Judge, Amritsar, who dismissed the appeal of the petitioner namely Ajit Singh, who was involved in a case under Section 61(1)(c) of the Punjab Excise Act (hereinafter referred to as 'the Excise Act').

(2.) THE brief facts of the case are that on 12.4.1985, a police party headed by ASI Mohinder Singh was proceeding towards Thattian in connection with patrolling and when it was outside the village ASI Mohinder Singh received secret information to the effect that the petitioner was distilling illicit liquor in his house and could be apprehended red-handed. The information was reduced into writing and report of the case was sent to the police station and thus the case was registered against the petitioner. The police party associated Nazar Singh Panch and raided the house of the petitioner, where he was found distilling illicit liquor. At that time he was changing the water of the cooler. The still was cooled down, dismantled and its components were taken into possession vide recovery memo. The equipment contained about 40 kgs. of lahan and about 6 bottles of illicit liquor in the canister. The lahan was tested and found to be fully fermented fit for distillation. A sample of the illicit liquor was sent for analysis and was found to be illicit in nature. On completion of the investigation, the petitioner was challaned under Section 61(1)(c) of the Excise Act.

(3.) IN order to prove the charge, the prosecution examined ASI Mohinder Singh PW1, Excise Inspector Mohinder Singh PW2, HC Jagir Singh PW3 and also tendered into evidence report of Chemical Examiner Ex.PD and affidavits of formal witnesses Ex.PE and Ex.PG. The independent witness was given up by the prosecution as having been won over by the petitioner.