State of Punjab vs Ramesh Kumar and ors.

J.B. Garg, J.

Ramesh Kumar, Tilak Raj and Ashok Kumar were convicted by Shri Inderjit Singh, Judicial Magistrate I Class, Nabha, under section 61(1)(a) of the Punjab Excise Act, and sentenced to R.I. for a period of two years and a fine of Rs. 2,000/ each on 14.2.1985. The appeal was accepted by Shri T.S. Cheema, Sessions Judge, Patiala and all the three accused were acquitted on 20.5.1985. Aggrieved against it, the present appeal has been preferred by the State of Punjab.

Briefly, the story of the prosecution is that on 14.10.1981 at about 11.20 P.M. Shri Harsajjan Singh Sub Inspector of Police Station Kotwali, Nabha, was holding a nakabandi near the octroi post on Nabha Patiala Road, along with Shri Mukhtiar Singh ASI and there were two employees of the nearby octroi post as well. A motor car No. HIM 9043 entered, the town from Patiala side. It was stopped and on enquiry it was found that it was being driven by Ramesh Kumar and Tilak Raj was sitting on the front seat along with the aforesaid driver, whereas, the third accused Ashok Kumar was on the rear seat. As a consequence of the search two plastic cans containing rectified spirit were recovered from the front portion of the aforesaid motor car and as many as four plastic cans containing 20 litres of rectified spirit were recovered from the rear seat. Besides this, six cans containing 20 litres each were recovered from the dicky of the car. One single can containing 40 litres of rectified spirit was also recovered from the dicky of the aforesaid car and in all the rectified spirit recovered was 280 litres in as many as 13 cans. These were taken into possession and the ruqa (Ex. PE) was despatched by the aforesaid Sub Inspector where FIR No. 143 was registered on 14.10.1981 itself at Police Station, Kotwali Nabha by Shri Prem Singh, MHC. The report of the Chemical Examiner (Ex. PC) showed that the contents were illicit liquor.

In the statements recorded under section 313 of the Code of Criminal Procedure, the three accused have admitted their presence at Nabha in the motor car in question but their explanation that they had brought the ailing father of DWI Karamjit in the aforesaid motor car and that they had simply declined to lend their motor car to the police officials at a petrol pump at Nabha, does not appear to be plausible in the circumstances of the case. Similarly, it was not convincing that the police party would have planted such a large quantity of rectified spirit or in other words illicit liquor in the manner recovered from the front seat and the rear seat as well as from the dicky of the aforesaid vehicle.

The sole reason for recording acquittal of the accused by the learned Sessions Judge, Patiala, was that the Mewa Singh an Octroi Clerk who was cited as a witness by the investigating officer did not support the prosecution story and he was declared hostile in the trial Court.

On behalf of the State of Punjab, the learned Assistant Advocate General has pointed out that there was no reason for PW2 Shri Mukhtiar Singh ASI of Police Station Kotwali Nabha to depose against the accused falsely. Here, the accused belong to District Ambala and Investigating Officer or his companion Shri Mukhtiar Singh ASI had no motive to implicate the accused falsely. The recovery of the cans Exs. P1 to P13 from the possession of the three accused has been supported by the aforesaid PW2 Shri Mukhtiar Singh ASI and PW Shri Harsajjan Singh Sub Inspector as well as SHO of Police Station, Sadar Nabha. Moreover, the motor car in question belonged to Tilak Raj son of Dewan Chand one of the accused and on his application it was released to him on 20.10.1981 by the Ilaqa Magistrate. The learned Assistant Advocate General for the State of Punjab has referred to Ashiq Miyan and others v. State of Madhya Pradesh, 1969 CrI. LJ 239, where more than 2 maunds, 14 seers and 14 chhataks opium was recovered from the residential house of the accused. Here too there was no chance of any outsider or the police party planting such a large quantity of illicit liquor in the vehicle admittedly owned and possessed by the accused. In the case now in hand; it cannot be said that Ashok Kumar a brother of Tilak Raj, who was on the rear seat, was entitled to benefit of doubt. The contraband liquor was found placed in such a manner in the rear portion of the motor car that this coaccused too was in its conscious possession. The conclusion is that the appeal is accepted and the order of acquittal, recorded by the learned Sessions Judge, Patiala, is hereby set aside and the finding of guilt arrived at by the learned trial Court is affirmed.

The recovery relates to 14.10.1991 and a long period of more than 9 years has passed. It is ordered that the accused be released on probation of good conduct if they furnish a bond with one surety that they shall appear and receive sentence when called upon to do so and they shall be of good behaviour and maintain peace for a period of one year. The accused are required to pay costs of the proceedings in the sum of Rs. 1,000/ each.

JUDGMENT accordingly.