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Judgment
10 paragraphs · 400 wordsUjagar Singh, J.
The petitioner was caught redhanded while carrying a gunny bag on his head on 8.4.1985, on the turning of village Badla Link Road by a Police party of Dasuya, which was moving in a Jeep. The petitioner tried to slip back, but was apprehended. PW 1 Head Constable Gurbans Singh, who was heading the party, searched the gunny bag in the presence of his companions PW 2 Constable Sucha Singh and Constable Rattan Singh and Constable Harbhajan Singh. In the gunny bag, a rubber tube Ex. P1 was found containing illicit liquor. It was poured into 41 bottles. A sample of 180 ml. was taken out in a nip. After completion of the investigation, challan was put in and the learned trial Court, after examining the prosecution evidence and going through the affidavits, found the petitioner guilty and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ or in default of payment of fine, to further undergo rigorous imprisonment for one month.
The petitioner filed an appeal, but failed to get any relief.
In this revision, the petitioner has laid stress only on the point that the affidavits Ex. PE and PF were not admissible in evidence and the Courts below have placed reliance on the same without minutely observing the allegations therein. The learned counsel for the petitioner has further pointed out that the affidavits are not verified by the deponents.
I have gone through the affidavits and fine that Ex. PE, affidavit of Constable Amar Singh (No. 843), Detective Staff, Dasuya is signed by him, but there is no verification by the said deponent under it. The verification under this affidavit reads as under :
"I attest this affidavit that the abovesaid statement is true and correct and nothing has been concealed therein. It is further verified that no particular of this affidavit is wrong. I know the deponent Constable Amar Singh (No. 843) personally and he has signed this affidavit in my presence.
Sd/ HC Harbhajan Singh."
Similar is the position with respect to the affidavit Ex. PF of MC Iqbal Singh, Detective Staff, Dasuya.
This defect in the affidavits has been altogether ignored by both the Courts below.
In view of the foregoing observations, this revision petition is accepted and the petitioner is acquitted of the charges levelled against him.