M.L.SINGHAL, J. - (1.) THE prosecution case, in brief, is that on 19.7.85, police party comprising HC Baldev Singh and Constable Nirmal Singh etc. headed by HC Lajpat Singh was going from village Kamboh Dahewala towards village Chamba Kalan on cycles. It was about 7 A.M. When they reached near river Beas, Jaswant Singh alias Jassa accused was seen going at a distance of 50 yards carrying something in a gunny bag on his head. At the sight of the police party, he threw away that gunny bag and himself jumped into river Beas and succeeded in making good escape. HC Lajpat Singh and other members of the police party comprising it had identified him that he was Jaswant Singh alias Jassa son of Puran Singh, Jat of Village Ruriwala. They had known him since before. HC Lajpat Singh found that gunny bag containing rubber tube which was found containing illicit liquor. Out of recovered liquor, one nip measuring 100 MLs was taken out as sample. Remaining liquor was transferred in a tub. Liquor was measured with a bottle. It measured 69 bottles, which became filled with liquor to the brim. 70th bottle became filled with liquor to the extend of 570 MLs. After measuring liquor, the same was transferred in the same tube. Nip and the tube were sealed with seal of HC Lajpat Singh bearing impression LS. Nip and tube were taken into possession vide recovery memo Ex. PA attested by HC Lajpat Singh, HC Baldev Singh and Constable Nirmal Singh. Visual site plan Ex.PC was prepared at the spot with correct marginal notes. Ruqa Ex.PB was sent to Police Station, Harike for the registration of case against the accused, on the basis of which, case FIR No. 169 was registered at Police Station, Harike against the accused on 19.7.85. On return to the Police Station the same day, HC Lajpat Singh deposited the nip and the tube containing illicit liquor with seals intact with MHC Dhir Singh. Sample was sent to the Chemical Examiner for chemical examination per Constable Daljit Singh on 22.7.85. Chemical Examiner vide report Ex.PD reported that the sample was containing illicit liquor. After investigation, Jaswant Singh alias Jassa accused was challaned.
(2.) JASWANT Singh alias Jassa accused was charged under Section 61(1)(a) of the Punjab Excise Act by Judicial Magistrate Ist Class, Patti vide order dated 12.3.86. He pleaded not guilty to the charge and claimed trial. At the conclusion of the trial, charge was found proved against him vide order dated 1.6.87 by Judicial Magistrate Ist Class, Patti, who convicted him thereunder and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/-. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for 4 months. Jaswant Singh alias Jassa accused went in appeal to the Court of Session. Additional Sessions Judge, Amritsar found conviction and sentence in order. He, accordingly, affirmed the conviction and also the sentence vide order dated 28.4.88.
(3.) STILL not satisfied, Jaswant Singh alias Jassa accused was knocked the door of this Court through this revision. I have gone through the record.;