Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a) -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - Scores of them died and many more were rendered permanently blind - Direct evidence produced showing involvement of accused in commission of ghastly crime - Spurious liquor was purchased from shops of accused..........
Punjab Excise Act, 1913, Section 61(1)(a) - - Illicit liquor - Conscious possession - Proof - Recovery of illicit liquor below cotton sticks loaded in trolley - Petitioners were neither owner nor driver of tractor - No independent witness examined - No effort made to find out as to who had distilled illicit liquor and from where it was brought and to where it was being..........
Punjab Excise Act, 1914, Section 61(1)(a) -- Recovery of 285 pouches of liquor which were in illegal possession of accused - Accused convicted and sentenced to one and half years of RI which was reduced to six months in appeal - Conviction and sentence set aside - Held, no material to prove that samples which were so analyzed and were found to contain liquor, were the same..........
Punjab Excise Act, 1914, Section 61(1) -- Recovery of liquor - Acquittal - Validity - No evidence on file to prove that on relevant date accused was in possession of house from where liquor was recovered - Accused was not present at the time of recovery - Trial Court observed that prosecution has failed to prove that lock of house was broken as person who had opened lock..........
Punjab Excise Act, 1914, Section 61(1)(a) -- Recovery of illicit liquor from the rubber tubes which the accused was allegedly carrying in car - Neither liquor nor tubes containing liquor produced in Court - No convincing explanation furnished for the disappearance of the case property - No entry in the rojnamacha showing deposit of case property in Malkhana - Absolutely no..........
Punjab Excise Act, 1914, Section 61(1)(a) -- Illicit liquor - Recovery effected at thoroughfare - Independent witness not joined - Efforts made but no body joined - IO did not record their statements or proceeded against them - To say that efforts were made to join independent witnesses is nothing but a farce...........
Punjab Excise Act, 1914, Section 61(1)(a) -- Recovery of 30 boxes of pouches containing 100 pouches each, 8 boxes of IFL each box containing 12 bottles - One pouch and one bottle sent for Chemical Analysis - Sample not taken from all pouches and all bottles - Fatal to prosecution case...........
Punjab Excise Act, 1914, Section 61(1)(a) -- Illicit liquor - Recovery of - Accused acquitted as : (1) Constable who took the sample for chemical analysis not examined and opportunity to cross examine the witness not provided to accused and thus accused certainly prejudiced; (2) IO could not tell in whose custody the liquor remained; (3) CFSL form does not disclose as to..........
Punjab Excise Act, 1914, Section 61(1)(c), Probation of Offenders Act, 1958, Section 4 -- Offence u/s 61(1)(c) Punjab Excise Act - Accused convicted and sentenced to one years R.I. - Accused suffered protracted trial for 11 years - Accused not a habitual offender - Accused did not repeat the offence - Accused released on probation...........
Punjab Excise Act, 1914, Section 61(1)(c), Probation of Offenders Act, 1958, Section 3, 4 -- Conviction under Excise Act - Accused sentenced to 1 years RI - Probation - Occurrence took place 13 years ago - No bad antecedents - Accused released on probation - Fact that Act prescribes minimum punishment of one year is not a bar to release on probation...........
