228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.03.2026 SI Darshan Singh …Petitioner vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vivek Salathia, Advocate for the petitioner.

Mr. Bhanu Pratap Singh, Addl. A.G. Punjab.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present revision petition against the impugned judgment dated 09.07.2011 passed by the Additional Sessions Judge, Amritsar and the judgment of conviction and order of sentence dated 12.10.2009 passed by the Court of Judicial Magistrate 1^st Class, Amritsar, whereby the petitioner was convicted for commission of the offence punishable under Section 61(i)(a) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.200/-, in default of the payment of fine, simple imprisonment for 15 days.

2. As per the prosecution story, on 20.11.1999, ASI Parshotam Singh along with certain police officials was present at Police Station and in the meantime, a special informer gave the information that two persons have been coming on a car from the side of Verka and they are bringing liquor in the said car. Number of the said car is HNX-659, colour white. If the search of the said car be made, liquor can be got recovered. It is further informed by the informer that said person used to sell the said liquor in different cities. Relying upon the abovesaid information, Investigating Officer made alert to the police party. At about 7.30 P.M., then one white colour car Marka Ambassador bearing No. HNX-659 came from the Verka side. Investigating Officer with the police officials got stopped the said car in which two persons were traveling. The person, who was driving the car, disclosed his name as Harjinder Singh son of Mohinder Singh, resident of 129, Gurnam Nagar, Sultanwind, Amritsar and other person, who was sitting in the car, told his name as SI Darshan Singh 42/9 PAP son of Jai Singh, resident of Narangwal, P.S. Dehlon, District Ludhiana. Investigating Officer tried to join independent witnesses but no one became ready. Then he made the search of the car and found that on the backside seat of the car, four boxes of liquor Marka "London Dry Gin" on which it was written that only sale for Chandigarh and three boxes of "Bagpiper" English liquor recovered. When the dicky of the car was searched then 12 boxes of English liquor Marka "Bagpiper" recovered. All the above-said boxes were containing 12 bottles of liquor in each. A nip of 180 Mls separated from each bottle. Remaining liquor in the same bottles were sealed and put in the same boxes. Investigating Officer put his seal having impression as "PS" on the seal of the sample nips and the remaining liquor in the same bottles and vide recovery memo in the presence of the official witnesses, he took the sample nips as well as the liquor recovered from the possession of the accused, into police custody. Total bottles recovered came to the tune of 228 bottles i.e. 171000 Mls. Accused failed to show any license or permit to keep the abovesaid liquor in their possession. Site plan of the recovery place prepared, accused were arrested, car taken into police custody, statements of the witnesses recorded.

After completion of the investigation and receipt of the report of the Chemical Examiner, the challan against the accused filed.

3. After the presentation of challan, the trial Court found that a prima facie case under Section 61(1)(a) of the Punjab Excise Act, 1914 was made out against the petitioner. The petitioner pleaded not guilty and claimed to be tried by the trial Court.

4. During the course of trial, the prosecution examined PW-1 Tarsem Singh, PW-2 HC Ranjit Singh and PW-3 Vijay Kumar and all the three witnesses had fully supported the case of the prosecution. As per PW-1, he had taken the nips of this case to the office of the Chemical Examiner and tendered his affidavit (Ex.PY) in the prosecut