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2009 Supreme(P&H) 1432

JORA SINGH
Hari Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr.S.S.Narula, Advocate.
For the Respondent: Mr. K.S. Godara, DAG, Haryana.

JUDGMENT

Jora Singh, J.:- Hari Singh through this revision has impugned the judgment dated 29.11.1999 passed by Additional Sessions Judge, Hisar, in case FIR No.634 dated 22.10.1995 under Section 61(1)(a) of the Punjab Excise Act, registered at Police Station City, Hisar. Vide this judgment, appeal against the judgment/order dated 8.9.1999 and 9.9.1999 rendered by Chief Judicial Magistrate, Hisar, was dismissed.

2. As per the judgment/order of learned Chief Judicial Magistrate, Hisar, the petitioner was convicted under Section 61(1)(a) of the Punjab Excise Act (for short ‘the Act’) and was sentenced to undergo RI for one year with a fine of Rs.2,000/-; in default of payment of fine, to further undergo RI for two months.

3. The prosecution story, in brief, is that on 22.10.1995, a police party headed by ASI Bansi Lal was present near Octroi Post,Barwala Road, Hisar. In the meantime, a car bearing No. HR-20-A-0979, being driven by Hari Singh, was seen while coming from Barwala side, and was signaled to stop. On search of the car, ‘15 boxes, each containing 12 bottles of country made liquor, were recovered. A sample from each of the bottle was taken, and the samples and remainders were












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