A.S.NEHRA,J - (1.) THE petitioner was convicted under section 61(i)(c) of the Punjab Excise Act, 1974 and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/- and, in default of payment of fine, to undergo further rigorous imprisonment for three months, by the Judicial Magistrate, Ist Class, Zira, vide his judgment/order dated 10.2.1986. The appeal filed by the petitioner was dismissed on 1.7.1986 by the Additional Sessions Judge, Ferozepore. Hence this revision petition.
(2.) BRIFLY stated, the facts of the prosecution case are as under :- On 26.5.1983 Rur Singh Head, Constable along with Dilbagh Singh, Head Constable and Lqbal Singh Constable was going from village Maujgarh to village Laluwala on cycles in connection with patrol duty. When the police party reached the revenue estate of village Laluwala, Rur Singh Head Constable received a secret information that the petitioner was distilling illicit liquor by means of a working still near the old Railway line and near village Jhuge Sawaiwala. Observing the information reliable, ruqa Exhibit PA was sent to the police station, on the basis of which formal FIR Exhibit PA/1 was registered against the petitioner. Then the informed place was raided. The petitioner was apprehended while distilling illicit liquor by means of a working still on the bank of a pond in the revenue estate of village Laluwala. At that very moment, he was feeding fire under the working still. The working still was cold down and dismantled. It was formed like this: The hearth was dig in the earth. Two wooden places, Exhibits P-1 and P-2, were burning in the hearth. On the hearth, drum boiler Exhibit P-3 containing about 90 kgs. of Lahan was placed in the horizontal position. On the mouth of the drum boiler, mardani Exhibit P-4 was fitted with its reverse side, having two holes, a big one in the side and a small one in the middle. The small hole was closed with mud. Plastic pipe was fitted in the big hole of the mardani and its other end was fitted in the receiver-tin Exhibit P-6, which was lying in a pool of water. On the receiver-tin, jute bag Exhibit P-7 was placed as weight. Illicit liquor, after distillation, was coming through the plastic pipe to the receiver-tin. 180 mls. of illicit liquor was separated from the receiver-tin as a sample and the remaining contents, when measured came to the capacity of three bottled, Exhibits P-8, P-9 and P-10. Four drums Exhibits 11 to Exhibit P-14 containing Lahan about 150 Kgs. each were also lying near the working still. Drum boiler, other four drums, bottles and sample were sealed with the seal bearing letters R. Specimen of the seal which was used, was kept separately and the seal, after use, was entrusted to Dilbagh Singh, Head Constable. The above said sealed articles along with other component-parts of the working still were taken into police possession, vide recovery memo Exhibit PP attested by Dilbagh Singh Head Constable. Site plan Exhibit PC, showing the place of recovery, was also prepared at the spot with correct marginal notes. Statements of the witnesses were recorded. The petitioner was arrested. On return to the police station, the case property was deposited with the Moharrir Head Constable with seals intact.
(3.) THE prosecution to prove its case, examined Rur Singh Head Constable PW-1, Dilbagh Singh Head Constable PW2 and Harbax Singh Excise Inspector PW3 who has prove his report Exhibit PD. Report Exhibit PE of the Chemical Examiner and affidavits, Exhibit PF and PG, were tendered into evidence.;