SAHEG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SABEG Singh, petitioner, aggrieved by the judgment dated July 8, 1988, passed by the Additional Sessions Judge, Karnal, has preferred this Criminal Revision as he was held guilty by the trial Court under Section 61.1(a) of the Punjab Excise Act, 1914 for the possession of a drum containing 100 kgs. of lahan.

(2.) ON the basis of a secret information received against the petitioner, Raghbir Singh, Head Constable, in the company of other police officials raided the room (kotha) at the tube-well of the petitioner in the area of village Behlolpur. The petitioner at that time was found stirring the contents of the drum, which was found to contain 100 kgs. of lahan. It was duly sealed with the seal mark 'RS' and taken into possession vide seizure-memo. Exhibit PA, duty attested by the witnesses. On the basis of ruqa, Exhibit PB, a formal F.I.R. Exhibit PB/1 was recorded. The Excise Inspector Raj Singh, P.W.1, tested the contents of lahan contained in the said drum and he gave his report.

(3.) THE appellate Court in appeal, however, reduced the sentence from one year to six months' rigorous imprisonment. The sentence of fine was, however, maintained. Hence, the present Criminal Revision.