PURAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) PURAN Singh was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 by the Additional Chief Judicial Magistrate, Kurukshetra and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000/- and in default of payment of fine he was further sentenced to undergo rigorous imprisonment for three months. The appeal filed by the petitioner was dismissed on 12.8.1986. Hence this revision petition.

(2.) THE prosecution version in nut-shell is as under : On 14.8.1992 A.S.I. Dalip Singh along with Sudhir Kumar, Excise Inspector and three Constables was investigating another case under Section 61(1)(a) of the Punjab Excise Act against Puran Singh petitioner. On interrogation, Puran Singh made a disclosure statement that he had kept concealed a drum containing 180 Kgs. of lahan under the earth in front of his tubewell and he could get the same recovered. In pursuance of his disclosure statement, accused Puran Singh got recovered that drum containing 180 Kg. of lahan. Sudhir Kumar, Excise Inspector tested the said lahan at the spot and found the same to be fit for illicit distillation. After cost, the drum was sealed with seal bearing inscription 'SK' and the seal remained with Sudhir Kumar, Excise Inspector. The drum was taken into possession by the Police. Ruqa Exhibit PD was sent to the police station for registration of the case.

(3.) THE accused in his statement under Section 313 of the Code of Criminal Procedure denied all the incriminating circumstances appearing against him in the prosecution evidence and pleaded that he was falsely implicated in this case. He did not adduce any evidence in his defence although in the first instance he had expressed his desire to lead defence evidence.