- (1.) This revision is directed against the judgment dated 9.8.2010 rendered by the Court of Additional Sessions Judge, Ferozepur, vide which, she dismissed the appeal against the judgment of conviction and order of sentence dated 18.8.2009 rendered by the Court of Sub-Divisional Judicial Magistrate, Jalalabad (West) Distt. Ferozepur, convicting the accused (now revision-petitioner), for the offence punishable under Section 61(1)(c) of the Punjab Excise Act,1914 (amended upto date hereinafter to be called as the 'Act') and awarding him sentence to undergo rigorous imprisonment for a period of one year, and to pay a fine of Rs.5,000/-. In default of payment of fine, a further simple imprisonment of 15 days has been awarded.
(2.) On 17.12.2003, HC Beant Singh alongwith other police officials were on duty on Octroi Post Bahmani Wala. On receipt of a secret information that Jaswant Singh son of Piar Singh resident of Kanalyan Wale Jhugge Dakhli Jalalabad was selling illicit liquor at his house, the Investigating Officer sent a ruqa through Constable Bhagwan Singh to Police Station on the basis of which FIR was registered. A raid was conducted. The accused was found distilling illicit liquor in the room of his residential house. At the time of raid, the accused was feeding fire in the working still. The components of the working still, drummy boiler containing 60 kg lahan and a plastic container being used as receiver containing illicit liquor were recovered. A sample nip of 180 Mls was taken in plastic canny. The case property was sealed bearing impression B.S. After sealing the samples, the same were handed over to HC Puran Singh. Statements of witnesses were recorded. Site-plan of the place of recovery was prepared. The case property was deposited with MHC. The lahan was got tested from the Excise Inspector. The accused was arrested and after completing necessary formalities, challan against the accused was presented.
(3.) On presentation of the challan, copies of the documents were supplied to the accused under Section 207 Cr. P.C. Charge under Section 61 (1)(c) of the Act was framed against the accused, who pleaded not guilty and claimed trial.;