STATE Vs. SULAKHAN SINGH

JUDGEMENT

(1.) SULAKHAN Singh the respondent in this appeal was convicted by a Magistrate at Jullunder under Section 61 (1) (a) of the Excise Act and sentenced to four months' rigorous imprisonment as well as being ordered to furnish a bond under Section 69a of the Act. He was, however, acquitted in appeal by the learned Sessions Judge and the State has challenged this order of acquittal.

(2.) THE case against Sulakhan Singh was that his house was raided on 6-12-1952 by a Sub-Inspector Jaswant Rai and, after Sulakhan Singh had made a statement that he had buried two vessels containing lahan in his courtyard, he pointed out the spot and two large vessels containing 20 seers and one maund of lahan respectively were dug up. Some other articles which might form parts of a still are also alleged to have been recovered. The contents of the vessels recovered were transferred to three pitchers which were sent to Excise Sub-Inspector Kartar Singh P. W. who tested them on the 10th of December four days after the recovery and found them to be lahan fit for distillation.

(3.) THE accused denied his guilt and produced some witnesses who said that the house from which the vessels of lahan were recovered did not belong to the accused.