Amendment status not verified — confirm the current text below against the official source.
Two accused riding a camel loaded with contraband liquor. - The two petitioners were riding a camels on which was loaded contraband illicit liquor. They were hauled up in a picket of them one was convicted under Section 61(1)(a) of the Punjab Excise Act and on ac- count of previous conviction sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 400 or in default to undergo rigorous imprisonment for a further period of six months. 'The other culprit, was convicted under Section 61 (1)( a) of the Punjab Excise Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200 or in default to undergo rigorous imprisonment fora further period of the three months. A point of law was agitated before a single judge of this Court in the first instance. On reference it had been found by a Division Bench of this Court that the rule obtainable in joint possession was also available in the instant case, where two petitioners were riding the camel and from camel back illicit liquor had been recovered. For ascertaining culpability it is necessary to prove that either or both of the petitioners were in conscious possession and control of the illicit liquor recovered. In this case it was not proved that the petitioners were inconscious possession or control of the liquor nor could they be convicted as carrier as there was neither charge nor evidence. The conviction could not be maintained as no independent evidence was produced though available.