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2000 DIGILAW 399 (PNJ)

Jagga Singh v. State of Punjab

2000-04-07

R.L.ANAND

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JUDGMENT R.L. Anand, J. (Oral) - This is a criminal revision and has been directed against the judgment dated 13.7.1988 passed by Additional Sessions Judge, Ferozepur, who dismissed the appeal of the petitioner. 2. The brief facts of the case are that on 17.3.1984. ASI Sarabajit Singh along with Constable Om Parkash had gone for patrolling towards village Goluke and when he reached bus stand for Guruhar Sahai, E.I.J.C., Sharia met him, who was joined in the police party. Thereafter the police party reached near the seepage drain where a secret information was received to the effect that the petitioner used to sell illicit liquor and if a raid is conducted in his house, huge quantity of illicit liquor could be recovered from him. On receipt of this information, ruqa was sent to the police station on the basis of which formal FIR was recorded. Thereafter the police party raided the house of the petitioner, who was found present there. On interrogation, the petitioner disclosed that he had kept concealed three tubes containing illicit liquor in his wheat chaff kotha which he only knew and he could get the same recovered. His disclosure statement was reduced into writing and the same was thumb marked by the petitioner. Thereafter in pursuance of the said disclosure statement the petitioner got recovered three tubes containing illicit liquor. From each tube 375 mls. liquor was taken out as sample and the remaining liquor in each tube was measured which came to be 100 bottles each. The illicit liquor was again poured into the same tubes. The samples and the tubes were sealed with the seal bearing impression SS and were taken into possession vide recovery memo. Rough site plan of the place of recovery was prepared. After receipt of the report of the Chemical Examiner and completion of investigation, the petitioner was challaned in the Court of Illaqa Magistrate. 3. The charge under Section 61(1)(a) of the Punjab Excise Act was framed against the petitioner, to which he pleaded not guilty and claimed trial. 4. In order to prove the charge, the prosecution examined SI Sarabjit Singh PW-1, Constable Baldev Singh PW-2, HC Sukhwinder Singh PW-3, EI J.C. Sharia PW-4 and also tendered into evidence affidavit Ex. PF of Constable Sardool Singh and report Ex. PG of the Assistant Chemical Examiner. 5. 4. In order to prove the charge, the prosecution examined SI Sarabjit Singh PW-1, Constable Baldev Singh PW-2, HC Sukhwinder Singh PW-3, EI J.C. Sharia PW-4 and also tendered into evidence affidavit Ex. PF of Constable Sardool Singh and report Ex. PG of the Assistant Chemical Examiner. 5. The statement of the petitioner was recorded under Section 313 Criminal Procedure Code and all the incriminating circumstances appearing in the prosecution evidence were put to him. He denied those circumstances and pleaded himself to be innocent. He did not lead any evidence in defence. 6. Vide judgment and order dated 6.1.1988, the learned Magistrate convicted the petitioner and sentenced him to undergo RI for 1-1/2 years and to pay a fine of Rs. 1,500/- or in default thereof to undergo further RI for six months. 7. Aggrieved by the judgment and order of the trial Court, the petitioner filed appeal before the Court of Additional Sessions Judge, Ferozepur, which dismissed the same. Hence this revision. 8. I have heard the learned Deputy District Attorney on behalf of the State of Punjab and have gone through the grounds of revision. I do not find any infirmity in the impugned judgment as the same is based upon the testimony of the official witnesses. But so far as the quantum of sentence is concerned, it stands reduced to three months keeping in view the fact that the petitioner is suffering the agony of the criminal proceedings since 17.3.1984. With the above modification in the matter of sentence only, the revision stands disposed of. Revision dismissed.