Ram Piari vs State of Punjab

K.P.S. Sandhu, J. (Oral)

Ram Piari has filed this revision petition against her conviction and sentence under section 61(1)(c) of the Punjab Excise Act.

As per prosecution allegations, the house of the petitioner was raided by a police party on 19th September, 1982. She was found distilling illicit liquor by means of a working still. The workign still was cooled down and its component parts were taken into possession. Some Lahan and ditlled liquor were taken into possession by the police party.

The evidence regarding the recovery of the working still consists the testimony of SubInspector Sohan Lal and Constable Raunki Dass.

I have gone through the evidence of these two witnesses with the help of the learned counsel for the parties and find a number of discrepancies. No witness from the public was joined by the raid party and the reason given for the same is that though independent were sent for but nobody was willing to join the raid party. I do not think that this explanation can be accepted at tis face value. Every citizen is dutybound under the law to join investigation when called upon by the police and he can be proceeded against for his refusal. No such proceedings were taken against any person; and if this explanation of the prosecution is one accepted, then the police would be encouraged to put forward this excuse every time. In this situation, it cannot be said that the case against the petitioner stands proved beyond a shadow of doubt. Consequently, I give the benefit of doubt to the petitioner and acquite her. The fine, if recovered, would be refunded to her.

Revision accepted.