GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner: was convicted for the offence under section 61(1)(a) of the Punjab Excise Act by the learned Judicial Magistrate 1st Class, Amritsar, and instead of sentence of imprisonment he was given the benefit of probation. On appeal, his conviction and order of probation was upheld by the learned Additional Sessions Judge, Amritsar. He has challenged -his conviction by way of this revision.

(2.) The prosecution case as set up at the trial was that on 27th February, 1991, the petitioner was found in possession of 3 half bottles of Black Horse Whisky, which was recovered by Head Constable Gian Singh (P.W. 2) accompanied by Jagdish Chander Vohra, Excise Inspector (P.W. 1) while they were going for excise checking from Police Station and B Division, Amritsar towards Gate Sheranwala. The petitioner was apprehended at about 5 p.m. and case was registered against him.

(3.) The prosecution case is supported by M.H.C. Gian Singh (P.W. 2) and Excise Inspector Jagdish Cbander Vohra (P.W. 1). It is no doubt true that where independent witnesses are not available, conviction can be recorded on the testimony of the official witnesses. But, in the present case, the occurrence took place at about 5 p.m. in the heart of Amritsar city, where there was no dearth of independent witnesses. They should have joined independent witnesses from the locality where the occurrence took place, Citizens are interested in the maintenance of law and order and they do associate themselves when any crime is unearthed by the Police and a criminal is apprehended. It is not the case of the prosecution that nobody was available to be associated in the search of the petitioner. It is admitted by these witnesses that the petitioner was apprehended from a crowded place where people were going to and fro and the shop-keepers were also present in their shops and that they did Dot try to associate anyone of the independent persons nor did they ask any shop-keeper to join.