HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

Decided on 15.01.2025 ****

Parshotam Singh ... Petitioner VS.

State of Punjab ... Respondent ****

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****

Present: Mr. Dixit Raj Kapoor, Advocate for the petitioner Mr. Jaspal Singh Guru, AAG Punjab ****

Sandeep Moudgil, J.

(1). This petition under Section 401 CrPC has been filed by the petitioner seeking to quash the impugned judgment dated 04.04.2024 passed by Sh. Arun Gupta, Sessions Judge, Fatehgarh Sahib as well as the judgment dated 11.12.2019 passed by Mahesh Grover, CJM, Fatehgarh Sahib vide which the petitioner has been convicted and sentenced to undergo RI for two years with fine of Rs.2 lakhs in case FIR No.108 dated 24.10.2017 under Section 61 of Punjab Excise Act, 1914 registered at Police Station Bassi Pathana.

(2). Brief facts of the case drawn by the trial court as emanating from the final report under section 173 Cr.P.C. are reproduced as under:- “…on 24.10.17, ASI Inderjit Singh along with other police officials was present at bridge of drain of Allam in a private vehicle in connection with routine checking and patrolling duty. At about 12.15 PM, ASI Inderjit Singh received a secret information that Prabhjit Singh and Parshotam Singh are in the business of selling illicit liquor. Today also they are coming alongwith heavy quantity of liquor in a XYLO car bearing No. PB 10 CN 7203 of black colour from the side of Morinda towards Sirhind and they can be apprehended alongwith said liquor, if nakabandi is laid.

Accordingly, a ruqa was scribed and sent to the police station concerned for registration of the case through PHG Suba Singh. The police party headed by ASI Inderjit Singh held a naka and stopped one XYLO car bearing no. PB 10 CN 7203 which came at the Naka from the side of Morinda but the driver of the said car succeeded in fleeing away from the spot, however the person who was sitting on the seat adjoining to the driver seat as well as a person on back seat were apprehended and the person sitting in front seat disclosed his name as Parshotam Singh son of Baljeet Singh while the person who was sitting on the rear seat disclosed his name as Prabhjeet Singh son of late Deep Singh. During interrogation, they disclosed that the person who was driving the vehicle, his name is Gujjar. During search of the said car, 40 boxes were recovered from its boot (dickey) which were taken out of the same. Each box was containing 12 bottles of ‘Cas Santra’ i.e. total 480 bottles were recovered upon which for 'sale in Chandigarh only' was written. The above said persons could not produce any permit or license for retaining the huge quantity of liquor with them. Then, ASI Inderjit Singh poured 20 boxes each i.e. 240 bottles each measuring 180 Litre each in two different plastic drums. Two sample nips of 180 ml each were drawn from the said two plastic drums and the empty bottles i.e 120 bottles each were put in four plastic bags and their parcels were prepared. Two samples of 180 ML each, four parcels containing empty bottles and two drums each containing 179 Litres and 880 ML of liquor were sealed by ASI Inderjit Singh with his seal bearing impression IS. Sample seal was also prepared. The seal after use was handed over to HC Piare Lal. Above said case property and samples were taken in police possession vide a separate recovery memo. The above said XYLO car was also taken in police possession vide a separate memo. Rough site plan was prepared and accused were arrested. Statements of witnesses were recorded. Despite efforts being made, the driver of the said car could not be traced and apprehended. After completion of investigation, the present challan was presented in the court against accused.

(3). Learned counsel for the petitioner submits that the trial court held that the chain of the evidence on record is very much complete, clear and unerring to hold the petitioner guilty inasmuch as conscious and huge possession of 480 bottles of coun