A.S.Bains, J. - (1.) BY judgment and order dated 7th October, 1977, the Judicial Magistrate I Class Amritsar, convicted and sentenced the Petitioner under Section 61(1)(c) of the Punjab Excise Act to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 2,000/ or in default of fine, to undergo further rigorous imprisonment for lour months. The learned Additional Sessions Judge, Amritsar, on appeal maintained the conviction and sentence of fine, but reduced the sentence of imprisonment from nine months to six months. Hence the present revision.
(2.) ACCORDING to the prosecution story, on receipt of a secret information, H.C. Gurdip Singh, on 11th January, 1976, formed a raid party consisted of Dev Raj, Excise Inspector and other police officials and conducted raid at the house of the Petitioner in village Mustafabad and apprehended him red banded when he was feeding fire under the still. The still was cooled and dismantled and its components were taken into possession. The case registered against the Petitioner. He was prosecuted and convicted and sentenced as aforesaid.
(3.) AT the trial the Petitioner denied his complicity in the crime and pleaded false implication. He gave his own version regarding the incident which is as under: - I am innocent I was involved falsely by Gurdip Singh Head Constable, who purchased mutton from my shop about three kilos, but did not make payment inspite of requests. I was also challaned under Section 107/151, Code of Criminal Procedure at the instance of my neighbour Hardev Singh. I am a meat seller." In defence he produced Bansi Lal (D.W. 1) I have perused the evidence. No doubt, the prosecution story as given in the earlier part of the judgment is supported by Head Constable Gurdip Singh and Dev Raj, excise Inspector, but their testimony does not inspire confidence. The Petitioner is running a meat shop near the Police Post Versa and his version seems to be probable, because it is not uncommon for such police official's to demand articles such as meat free of cost. Moreover, his version is supported by D.W. 1 Bansi Lal.;