A.S.NEHRA, J. - (1.) SEWA Singh, petitioner was convicted under Section 61(1)(a) of the Punjab Excise Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ - and in default of payment of the fine to further undergo rigorous imprisonment for three months, by the Sub Division Judicial Magistrate, Safidon on 27/28.2.1986. The appeal filed by the petitioner was dismissed on 4.6.1986. This revision petition was admitted on 16.6.1986.
(2.) BRIEFLY , the facts of the case are that on 13.8.1984 Ram Kumar, Head Constable along with the other police officials was on patrol duty and excise raid and was present in the revenue estate of village Rampura when he received a secret information that the petitioner is habitual of distilling illicit liquor in his fields and on raid some illicit liquor and lahan can be recovered from him. On this information, a ruqa Ex. PC was sent to the police station on the basis of which formal FIR Ex. PA/1 was registered. Police party then went to the field of the accused, where the accused was found present. During the investigation, while in police custody, the accused made disclosure statement Ex. PA to the effect that he kept concealed five pitchers containing lahan kept buried under the earth adjoining the Kotha of tubewell and except him no one knows about it and he can lead to the recovery of the same. The accused then in pursuance of this disclosure statement, Ex. PA led the recovery of five Pitchers containing about 20 kgs. lahan each which were sealed with the seal RK and were taken into possession vide separate recovery memo Ex. PB. Seal after use was handed over to the witness Sat Pal. Pitchers containing lahan were got tested from Dalip Singh Excise Inspector who found them to be quite fit for distillation. His report is Ex. PY.
(3.) PROSECUTION in support of its case examined three witnesses, namely, Sat Pal PW -1, Ram Kumar PW -2 and Dalip Singh PW -3. Sat Pal PW -1 is the recovery witness and he has unfolded the prosecution version by deposing that on 13.8.1984 he along with some other police officials was on patrol duty and was present in village Rampura where Ram Kumar, Head Constable received a secret information, that after forming a raiding party they went to the fields of the accused where the accused was found present, who during interrogation, while in police custody, made a disclosure statement Ex. PA leading to the recovery of five pitchers Ex. P -2 to Ex. P -5 containing about 20 kgs. Lahan each which were sealed with the seal RK and were taken into possession vide recovery memo. He further deposed that the seal after use was handed over to him. Ram Kumar, Investigating Officer PW -2 has also supported the prosecution version by reiterating the facts mentioned above. Dalip Singh, Excise Inspector PW -3 on 15.8.1984 had tested the contents of lahan contained in five pitchers and found them to be quite fit for distillation. His report is Ex. PY. Mr. Harbhagwan Singh, Senior Advocate for the petitioner has argued that there is no material on the file to show that the accused has taken the field on lease from Gurbachan Singh, Sarpanch from where the pitchers containing lahan were allegedly recovered. He contended that in the absence of any proof regarding factum of lease, the accused cannot be attributed to be in possession of lahan. No doubt, there is no direct evidence about the accused having taken the field on lease from where the pitchers were lying buried in the ground besides wall of tubewell. This fact finds mention in the disclosure statement Ex. PA and there is evidence on the file to show that the accused has made disclosure statement to the effect that none else had knowledge of the pitchers kept buried in the ground. It is also in evidence that the accused had produced the said pitchers after removing them from under the ground. Thus, in these circumstances, the accused can be attributed to be in exclusive possession of the pitchers. Therefore, I find no merit in this contention of the learned counsel for the petitioner.;