HARBANS SINGH RAI,J - (1.) HOSHIAR Singh petitioner was convicted by Judicial Magistrate Ist Class, Bhiwani vide his judgment and order dated 5th July, 1983 for the offence punishable under Section 61(1)(c) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for one month. His appeal against his conviction and sentence was dismissed by Additional Sessions Judge, Bhiwani, vide judgment dated 21.2.1986.
(2.) THE prosecution case, in brief, is that on receipt of secret information, Dule Ram A.S.I. along with other police officials and one Ram Kumar, a person from the public conducted a raid on the fields of the petitioner on 8th September, 1980 at 12.10 p.m. in the area of village Kumar where the petitioner was found distilling illicit liquor by means of a working still. The working still was dismantled and samples from the illicit liquor and lahan contained in a pitcher were taken which alongwith other components of the working still were taken into possession vide memo Exhibit PD. After completion of investigation, the petitioner was challaned, tried convicted and sentenced as stated above. To prove its allegations, the prosecution examined Hari Hanker, Excise Inspector as PW-1, Dule Ram S.I. as PW2 and Mohinder Singh Head Constable as PW-3, all the witnesses of recovery. However, the only person from the public namely Ram Kumar was not examined by the prosecution and it was reported that he was not available.
(3.) I have heard the learned Counsel for the parties and gone through the evidence with their help.;