The absence of corroboration by a public witness did not affect the conviction as the police had to act post haste in cases involving a working still, and the official testimony was not to be distrusted merely on that score.

S.S.Dewan, J.

1. Karam Singh. petitioner was found in possession of a working still for the distillation of illicit liquor and convicted under Section 61(1) (c) of the Punjab Excise Act and the minimum sentence prescribed by law i.e. one years rigorous imprisonment and a fine of Rs. 5,000/- was imposed on him by the Judicial Magistrate Ist Class, Patti, by his order dated February 13, 1985. On appeal, the learned Sessions Judge Amritsar upheld both the conviction and sentence of the petitioner. He has now come up in revision.

2. It is unnecessary to recount the case as the case is a typical one of the recovery of working still in the Mand area. The prosecution case rests on the evidence of Sukhwinder Singh, Assistant Sub Inspector and Gurdev Singh, Head Constable. The learned defence counsel contends that in the absence of corroboration by a public witness, the conviction cannot be sustained I find no force in this conviction. The first point deserving notice is that in the case of a working still, the police has to act post haste as (otherwise the purpose of the raid may be frustrated. Sukhwinder Singh, Assistant Sub Inspector has, however, categorically stated that on receipt of secret information while on their way to the Mand area, nobody met them and, therefore, none could be joined in the raiding party. In this context, the non-joining of a public witness is obviously explained by the Investigating Officer and no adverse inference can be raised against the prosecution on this score. It is otherwise well settled that the official testimony is not to be distrusted merely on that score. A significant factor in the present case is that no hint of animus or interestedness is suggested against the official witnesses. The conviction of the petitioner thus warrants no interference. The sentence imposed being minimum as prescribed by law, has necessarily to be maintained. The revision petition is without merit and is accordingly dismissed.