UJAGAR SINGH,J - (1.) ON 5.1.1983 ASI Hans Raj, along with some police officials, apprehended the petitioner and recovered a tube carried by him in a gunny bag on his head. This tube contained illicit liquor and it was measured. The quantity was found to be equivalent to 50 bottles. A sample was taken therefrom and Ruqqa was sent to the Police Station for registration of a case. Sample was got tested vide report of the Chemical Examiner Ex. PT, showing the contents thereof to be illicit liquor. After report under Section 173, Code of Criminal Procedure was put in and the petitioner was charged, the prosecution examined ASI Hans Raj (PW1) and Constable Lal Singh (PW2). The Assistant Public Prosecutor closed the evidence after tendering the affidavits Ex. PE and PF of MHC Jaspal Singh and Constable Dwarka Nath respectively and Ex.PD report of the Chemical Examiner. The trial Court convicted the petitioner under Section 61(1)(a) of the Punjab Excise Act and sentenced him to RI for 1-1/2 years and to pay a fine of Rs. 1,000/- and in default of payment of fine, he was further directed to undergo RI for one month.
(2.) THE petitioner filed an appeal which was dismissed on merit, but his sentence was reduced to RI for nine months, while the sentence of fine was maintained. The petitioner has challenged his conviction and sentence on the ground that there was no independent person joined by the Investigating Officer in support of the prosecution case, in spite of the fact that it was a raiding party. Usually such recoveries are made on the bank of the river. He has also pointed out that the affidavits of MHC Jaspal Singh and Constable Dwarka Das are defective and, therefore, there is no link evidence to support the prosecution case with regard to the contents of the tube to be illicit liquor.
(3.) THE learned Counsel for the State has supported the case of the prosecution.;