Karnail Singh vs State of Punjab

S.N. Aggarwal, J.—This appeal has been filed by the appellant-Karnail Singh against the judgment dated 15.4.2004 passed by the Court of

Additional Sessions Judge, Patiala, vide which the conviction of Karnail Singh-appellant u/s 61(1)(c) of the Punjab Excise Act recorded by the

learned trial Court was up-held and his appeal was dismissed.

The facts of the case are that on 19.2.2001, HC Surinder Dutt and other police officials were present in the area of village Malkon. When they

reached near brick kiln, it was about 2.30 P.M. HC Surinder Dutt received a secret information that Kamail Singh (appellant) was in the habit of

distilling illicit liquor and lahan and if a raid is conducted, he could be found in possession of huge quantity of liquor or lahan. This information was

found to be reliable and accordingly, he sent a rukka to Police Station Sadar, Nabha. HC Surinder Dutt himself led the policy party to conduct a

raid. On the way Pargat Singh husband of Sukhwinder Kaur Sarpanch was joined in the party. The police officials reached in the fields of Karnail

Singh, where he was found sitting in a Kotha (motor room). He was taken into custody and 180 kgs of lahan was also recovered from him.

The case was investigated and the accused was sent up for trial.

Charge u/s 61 (1)(c) of the Punjab Excise Act was framed against the accused to which he pleaded not guilty and claimed trial.

In support of its case, the prosecution examined HC Jaspal Singh PW-1, Surinder Dutt PW-2, Excise Inspector Inderjit PW-3 and HC

Sukhpal Singh PW-4.

The statement of the accused was recorded u/s 313 Cr.P.C. in which he claimed innocence and pleaded false implication. In defence, the

accused examined Pargat Singh DW-1.

On the basis of this evidence, learned trial Court came to the conclusion that: the prosecution has succeeded to prove its case against the

accused-appellant and convicted him for committing an offence punishable u/s 61(1)(c) of the Punjab Excise Act vide judgment dated 15.4.2002

and he was sentenced to rigorous imprisonment for a period of six months and the fine amount of Rs. 1,000/-. In defendant of payment of fine, he

was to further undergo rigorous imprisonment for a period of one month. However, the fine amount was deposited by the appellant.

Aggrieved against this judgment, an appeal was filed by the appellant before the lower appellate Court. However, the learned Additional

Sessions Judge, Patiala, vide judgment dated 15.4.2004 dismissed the appeal.

I have gone through the evidence led by the prosecution. The recovery of lahan from the accused-appellant Karnail Singh is proved by HC

Surinder Dutt PW-2 and HC Jaspal Singh PW-1. Excise Inspector Inderjit PW-3 had tested the contents of that liquid and had given a report that

the same was lahan. Therefore, the recovery of 180 kgs of lahan is clearly proved from the appellant and his conviction is up-held.

However, the occurrence had taken place on 19.2.2001. The appellant has faced the trial for more than 3 years up to the Hon''ble High Court.

He has also undergone some period in the jail. Therefore, his sentence is reduced to the period already undergone by him.

The appeal stands disposed of.