Law: Punjab Excise Act, 1914

Section: 61

[(Punjab Excise Act (I of 1914)]......S 61--Evidence, appreciation of--Raiding party recovering 118 bottles of rectified spirit from medical store and Hali of accused--Report of Chemical Examiner not produced nor case property produced at trial--One public witness not supporting prosecution while other a chance witness--Investigating Officer giving doubtful version of taking samples--Safe custody of parcels in Malkhana not proved--Acquittal ordered in circumstances. ORDER Wazir Ahmad petitioner was convicted and sentenced under section 61 of the Punjab Excise Act, 1914, to a fine of Rs. 500 or in default to undergo R.I. for six months by Magistrate 1st Class, Sheikhupura, on 2-1-1976, in a case registered vide F.I.R. No. 293/74, dated 25-7-1974 at Police Station City Sheikhupura, which was affirmed in appeal by a learned Additional Sessions Judge vide the impugned judgment dated 24-6-1976. 2. According to the prosecution, on 25-7-1974, at about 5.30 p.m., consequent upon receipt of a secret information, a raiding party, comprising Muhammad Afzal Khan, Excise Sub- Inspector, Muhammad Fazil Sub-Inspector Police Station City Sheikhupura, alongwith other subordinate personnel of Police and Excise Department, and two civilians namely Muhammad Faryad son of Rehm Ilahi and Khizar Hayat son of Ghulam Muhammad raided petitioner's `Kausar Medical Store', Sheikhupura, where he was present and upon search 30 bottles of rectified spirit were recovered from a cardboard box. Likewise, 16 bottles of rectified sprit were recovered from his residence and 72 bottles from his haveli, which were located nearby. These were taken into possession vide memo Exs. PC, PB and PA respectively. On the complaint of Excise Sub-Inspector, Ex. PD, formal F.I.R. Ex.PD/I was recorded at the City Police Station and one bottle…

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