Chiman Singh vs State of Punjab

K.P.S. Sandhu, J.

Chiman Singh petitioner has challenged his conviction and sentence of rigorous imprisonment for one year and a fine of Rs. 5,000 in default further rigorous imprisonment for two months, under section 61(1)(c) of the Punjab Excise Act.

As per the prosecution allegations, Assistant SubInspector Mukhtiar Singh received a secret information that the petitioner was distilling illicit liquor by means of a working still at a river. The place was raided by the Assistant SubInspector and the petitioner was found distilling illicit liquor there. The working still was cooled down and its component parts were taken into possession. Some illicit liquor and 70 kg. of lahan were also taken into possession. A sample was taken out of the distilled liquor and sent to the Chemical Examiner. According to the report of the Chemical Examiner, the same was of illicit origin.

The prosecution evidence consists of the testimony of two officials witnesses only. In spite of the fact that the Assistant Sub Inspector received the secret information in the village itself, he did not case to join anybody for reason best known to him. I have gone through the statements of the two official witnesses with the help of the learned counsel for the parties and find a number of discrepancies therein. In this view of the matter, it cannot be said that the case against the petitioner stands proved beyond a showed of doubt. Consequently the petitioner is given the benefit of doubt and acquitted of the charge. The fine, if recovered, would be refunded to him.