- (1.) Tersely, the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, on 17.3.1997, a police party headed by SI Harjinder Singh (PW4), consisted of other police officials, was present for checking of Naka, in the area of village Bhullan, District Sangrur. At about 11 PM, one jeep, bearing registration No.PB-31-0157 was seen coming from the side of village Mandvi. The police party signaled the driver to stop the jeep and the petitionerconvicts were apprehended. In the wake of search, 60 cartons, each containing 50 pouches of country made liquor and six cartons, each containing 12 bottles of Indian Made Foreign Liquor were recovered from the jeep.
(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that 60 cartons, each containing 50 pouches of country made liquor and six cartons, each containing 12 bottles of Indian Made Foreign Liquor were recovered from the petitioner-convicts without any permit or licence. In the background of these allegations and in the wake of indicated recovery, a criminal case was registered against them, by means of FIR No.18 dated 18.3.1997, on accusation of having committed an offence punishable under section 61 (1)(a) of the Punjab Excise Act, 1914 (hereinafter to be referred as "the Act") by the police of Police Station Khanauri, District Sangrur in the manner depicted here-in-above.
(3.) Having completed all the codal formalities, the petitionerconvicts were convicted and sentenced to undergo rigorous imprisonment for a period of one year, to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo RI for a period of one month each under section 61(1)(a) of the Act, by way of impugned judgment of conviction & order of sentence dated 5.2.2001.;