Criminal Revision No.2116 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2116 of 2010 Date of decision:- 17.3.2011 Mehtab Singh alias Kalu ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Naveen Sharma, Advocate for the petitioner. Mr. Guninder S. Brar, AAG Punjab for the respondent-State. RITU BAHRI J.(Oral) Challenge in this revision petition is to the judgment of the Additional Sessions Judge, Ferozepur dated 17.7.2010 whereby judgment and order dated 20.8.2007 passed by the Chief Judicial Magistrate, Ferozepur vide which Mehtab Singh alias Kalu and Dalbir Singh @ Chamkila were convicted and sentenced in FIR No.233 dated 29.12.2002 under Section 61(1)(c) of the Punjab Excise Act for one year rigorous imprisonment. Case of the prosecution was that on 29.12.2002 Head Constable Devinder Singh alongwith Head Constable Jugraj Singh, C-II Sukhdev Singh and Constable Jagdish Singh were present at Multani Gate in the area of Ferozepur City in connection with patrolling on a private jeep. On a secret information that illicit liquor was being made, they raided the said place, accused were apprehended, who were distilling illicit liquor by means of a working still. The components of the working still were taken into police possession. The drum, which was being used as boiler, was containing lahan about 60 kgs. Sample nip Criminal Revision No.2116 of 2010 -2- of 180 mls. was separated from the liquor and entire case property was taken into police possession. Site plan was prepared. After completion of investigations, challan was presented. After appreciating the evidence of the prosecution, charge was framed under Section 61(1)(c) of Punjab Excise Act. The prosecution led its evidence and examined PW1 HC Jugraj Singh, the recovery witness, PW2 HC Devinder Singh, the Investigating Officer, PW3 Suresh Tandon, Excise Inspector, PW4 HC Sajjan Singh and PW5 HC Jasvir Singh. The prosecution also placed on file Ex.P1 report of Chemical Examiner, Ex.P2 recovery memo of working still, personal search memo of accused Mehtab Singh Ex.P3, Personal search memo of accused Dalbir Singh alias Chamkila Ex.P4, ruqa Ex.P5, FIR Ex.P6, rough site plan Ex.P7, test report Ex.P9, affidavit of HC Sajjan Singh Ex.PW4/A and affidavit of HC Jasvir Singh Ex.PW5/A. The trial Court convicted the accused under Section 61(1)(c) of Punjab Excise Act and on the basis of above evidence, the Court of Additional Sessions Judge has affirmed the judgment vide order dated 17.7.2010. After going through the judgments of both the courts, the judgments are upheld. However, taking lenient view that petitioner is facing the trial since the year 2002 and he has already undergone 8 months in judicial custody out of total awarded sentence of one year rigorous imprisonment, he is ordered to be released on probation for a period of six months to the satisfaction of Courts below. The criminal revision is disposed of. March 17, 2011 ( RITU BAHRI ) Vijay Asija JUDGE