- (1.) The petitioner was convicted under S. 61(1)(c) of the Punjab Excise Act (hereinafter referred to as the 'Act') and sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 5,000.00 in default of which further rigorous imprisonment for 4 months by Shri G. S. Dhiman, Judicial Magistrate Ist Class, Amritsar. The petitioner's appeal bearing No. 56 of 1987, against this conviction and sentence was dismissed by Shri Nirmal Singh, Additional Sessions Judge, Amritsar.
(2.) The petitioner's learned counsel first of all contended that by the raiding party independent witnesses were not associated and hence the petitioner should not have been convicted relying on the testimony of official witnesses.
(3.) This point was canvassed before the trial Court as well as before the appellate Court, but the Courts below declined to accept this assailment. By now it is settled law that if at the time to search, independent witnesses are not associated, the Court is required to scan the ocular evidence of the official witnesses minutely and with more caution. (Reliance is placed on State of Punjab v. Ram Parkash, 1977 Punjab Law Reporter 571 : 1978 Cri LJ 601 (PandH) and Joginder Singh v. State of Punjab, 1982 (2) Criminal Law Journal NOC 19).;