GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 29.12.1985, at about 3 P.M. on the basis of secret information the police party headed by Head Constable Manjit Singh consisting of HC Gurdev Chand, Constables Jagdish Singh and Roshan Lal and Charan Singh a member Panchayat of village Abdulapur, raided the residential house of the petitioner in village Abdulapur, in the area of Police Station, Tanda, Tehsil Dasuya district Hoshiarpur and recovered 200 Kgs of Lahan from a drum Ex.P1 which was taken into possession vide memo Ex.PA. The petitioner, therefore, was tried under section 61(1)(a) of the Punjab Excise Act.

(2.) ON the testimony of HC Gurdev Singh PW1 and HC Manjit Singh PW2 and EI Sadhu Singh, PW3, the learned trial Court convicted the petitioner under Section 61(1)(a) of the Punjab Excise Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. The order of conviction and sentence was upheld by the Additional Sessions Judge, Hoshiarpur, in appeal.