VINOD KUMAR ALIAS BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 9.10.2007 passed by Fast Track Court, Jalandhar, dismissing the appeal of the petitioner against the judgment dated 26.9.2006 convicting the petitioner under Section 61(1)(a) of the Punjab Excise Act and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/-, in default of which, to further undergo rigorous imprisonment for one month.

(2.) BRIEFLY stated the story of the prosecution is that on 17.7.2002, when ASI Naresh Kumar along with other police officials was present at check point Addi Khui near village Athola, the petitioner was intercepted while driving an Esteem Car and on search of his car, 17 cases of whisky make 'Everyday Prestige', each case containing 12 bottles, were recovered. 12 bottles of each case were put into a tub, which was stured thoroughly and, thereafter, sample of 180 mls was taken and the same procedure was repeated with respect to the remaining 16 cases. Thereafter, the samples and the remainder were sealed separately by ASI Naresh Kumar with his seal 'NK' and were taken into possession vide recovery memo Ex. PA. Car was also taken into possession vide recovery memo Ex. PB, ruqa Ex. PC was sent to the Police Station, on the basis of which formal FIR Ex. PC-1, was registered and rough site-plan Ex. PD was also prepared. The case was registered and investigated.

(3.) IN order to substantiate its case, the prosecution examined four witnesses in all. Thereafter, in his statement recorded under Section 313 of the Code of Criminal Procedure, the petitioner denied all the allegations and pleaded his innocence. The trial ended in conviction and the appeal was also dismissed. Hence, the present petition.