KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated March 13, 1987, passed by the Additional District Judge, Amritsar, dismissing the appeal of the petitioner against the judgment dated October 21, 1986, rendered by the Judicial Magistrate Ist Class, Amritsar, whereby he was convicted under Section 61(1)(a) of the Punjab Excise Act, 1914, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) THE case of the prosecution, briefly stated, is that on September 16, 1982, a police party headed by HC Baldev Singh was present in the area of village Burj in connection with investigation of a case under Section 61(1)(c) of the Punjab Excise Act against Kartar Singh, petitioner. During investigation of the case, the petitioner made a disclosure statement to the effect that he had kept concealed five drums of lahan in the land by the side of the drain, about which he had the exclusive knowledge and he alone could get the same recovered. His disclosure statement, Ex. PA, was reduced into writing by HC Baldev Singh and thereafter the accused led the police party to the disclosed place and got recovered five drums each containing 150 Kgs. of Lahan. The drums of Lahan were sealed by HC Baldev Singh with his seal bearing letters 'BS' and the same were taken into possession vide recovery memo, Ex. PB. Ruqa, Ex. PC was sent by the Head Constable to the Police Station, on the basis of which formal FIR, Ex. PC/1, was recorded. He also prepared rough site plan, Ex. PD, of the place of recovery, recorded statements of the witnesses and thereafter on return to the Police Station, deposited the case property with the Moharrir Head Constables on the same day with seals intact. The lahan was got tested from Harjit Singh, Excise Inspector, who vide his report, Ex. PE, declared the content of the drums as fully fermented lahan fit for distillation of illicit liquor.

(3.) THE plea of the petitioner, when examined under Section 313, Criminal Procedure Code, is of denial simpliciter and his false implication. He, however, did not lead any evidence in his defence.