JUDGEMENT
HARNARESH SINGH GILL, J. -
(1.)The present petition has been preferred by the petitioner -accused challenging judgment dated 21.11.2014 passed by the Sessions Judge, Ferozepur, whereby his appeal against judgment of his conviction and order of sentence dated 30.07.2014 passed by the Judicial Magistrate 1st Class, Ferozepur, in case FIR No. 105 dated 18.04.2012, under Section 61(l)(a) of the Punjab Excise Act, 1914 (for short, 'Act'), has been dismissed. Vide aforesaid judgment/order passed by the trial court, petitioner - accused has been convicted under the Act ibid and sentenced to undergo RI for a period of one year alongwith fine of Rs. 500/- and in default of payment of fine, to further undergo RI for one month, for having in possession of heavy quantity of 50-1/4 bottles of illicit liquor without any licence.
(2.)The facts giving rise to the present petition are that on 18.04.2012, police party headed by HC Gurnam Singh, while on patrolling, received a secret information to the effect that accused is selling illicit liquor near the bushes on the way leading from Basti Bhattian to Basti Sunwan and if a raid is conducted, illicit liquor in heavy quantity can be recovered from him. No independent witness was joined despite efforts. A raid was conducted at the disclosed place and accused alongwith rubber tube containing illicit liquor was apprehended. A sample nip of 180 ml was separated by the Investigating Officer and remaining liquor on measurement came to be 50 bottles of 750 ml each. Accused was arrested.
(3.)On completion of necessary formalities, challan was presented in the court of competent jurisdiction. Copies of documents were supplied to the accused, free of cost, as required under Section 207 Cr.P.C.
4. Finding a prima facie case against the accused, he was charge sheeted under Section 61(1)(a) of the Act, to which, he pleaded not guilty and claimed trial.
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