Mohan Singh vs State of Punjab

K.P.S. Sandhu, J.

The petitioner was tried, convicted and sentenced to rigorous imprisonment for one year and fine of Rs. 5000/ in default further rigorous imprisonment for six months, under section 61(1) (a) of the Punjab Excise Act. His conviction and sentence were upheld by the lower appellate Court. The petitioner has come up in revision in this Court.

On 6th January, 1982, a raid party consisting of Head Constable Jagjit Singh PW 2 and Constable Kulwant Singh PW 3 besides Excise Inspector Gurbax Singh PW 1 raided the house of the petitioner in village Gandiwind. The petitioner was working a still in his courtyard. He was apprehended and the still was cooled and dismantled. The component parts of the still were taken into possession

Admittedly, the police party had gone from the police station for an excise raid. They neither care to join anybody from the public while they started from the police station nor they thought it proper to join anybody from the locality where the raid was conducted when naturally they had ample opportunity to join witnesses from the public which they failed to do for reasons best known to them. The evidence in this case consists of the statements of Head Constable Jagjit Singh PW 2 and Constable Kulwant Singh PW 3. The learned counsel for the petitioner has taken me through the statements of the aforesaid two witnesses. I find that their statements are discrepant on a number of points. In the circumstances, I think that the petitioner is entitled to the benefit of doubt. Consequentilly, I allow this revision petition and set aside the conviction and sentence of the petitioner. The fine, if realized, would be refunded to him.