distilling illicit liquor in their fields known as Lakhean Wale in the area of village Khiala Kalan under the cluster of trees. Information being well founded, ruqa was sent to the police station, on the basis of which formal FIR was registered against the accused persons. Then the police party proceeded towards the house of accused and on the way at bus-stop, Khiala Kalan, Jang Singh Chowkidar of village Khiala Kalan, was joined with the police party and raided the place of recovery. Accused were found distilling illicit liquor by installing a working still. The construction of working still was that hearth was put underneath the earth and underneath of hearth, four wooden logs were burning and an iron drumi of horizontal shape, cut in round from the centre, was lying on it and at the cut place of drumi a Chhakala having a big pore in which a rubber was fitted, was leading to the plastic can of five litres and the liquor was being distilled in the plastic can in drops and on the Chhakala, a silver bathal filled with water was being used as cooler. The working still was broken and allowed to cool down. From the plastic can, 180 mls was taken out as sample. On measurement, the plastic can was having three bottles, each of 570 mls, of illicit liquor. The plastic can and the sample nip were sealed with the seal, bearing impressions 'PS'. Then iron drumi containing lahan about 90 Kgs was sealed with seal bearing impressions 'PS'. The seal after use was handed over to HC Basant Singh. The articles of working still i.e. Drumi, Bathal, Chhakala, plastic can of five litres, four wooden logs, plastic box, match box, pipe and sample seal were taken into possession vide recovery memo prepared at the spot. Rough site plan of the place of recovery, with correct marginal notes, was prepared. Petitioners were arrested after disclosing them the grounds of arrest. Their personal search memo and arrest memo were prepared. Statements of the witnesses were recorded. Lahan was got tested from Excise Inspector Amrik Singh. Sample nip was sent to the office of FSL, Punjab, Chandigarh. After receipt of the report of FSL, Punjab, Chandigarh and completion of all other necessary formalities and investigation, the challan was prepared and presented in the Court.

3. After the presentation of challan, the petitioners were charge-sheeted for the offences punishable under Section 61(1)(c) of the Punjab Excise Act, to which, they pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined HC Gurlal Singh as PW-1, Constable Amrik Singh as PW-2, Inspector Amrik Singh as PW-3, ASI Pritpal Singh as PW-4 and HC Basant Singh as PW-5. Thereafter, evidence of the prosecution was closed.

5. After closure of the evidence, the statements of the petitioners were recorded under Section 313 Cr.P.C. and they denied all the incriminating evidence put to them and stated that they have been falsely involved in the present case. No evidence was led in defence.

6. Learned counsel for the petitioners has argued that the accused has been falsely implicated in the present case. No independent witness was joined at the time of alleged recovery and the case of the prosecution is based only upon official witnesses. It is further argued that there are material discrepancies in the statements of the prosecution witnesses.

7. Learned State counsel has argued that the prosecution has duly proved its case against the accused beyond reasonable doubt. The accused were found in possession of a working still, 90 kg lahan and three bottles of illicit liquor without any licence. The statements of PW1 HC Gurlal Singh, PW2 Constable Amrik Singh, PW3 EI Amrik Singh, PW4 ASI Pritpal Singh and PW5 HC Basant Singh fully support the case of the prosecution and no material contradiction has appeared in their testimonies.

8. I have heard learned counsel for the parties and perused the record carefully.

9. In the present case, the prosecution examined PW4 ASI Pritpal Singh, wh