T.R. HANDA, J.

(1.) Petitioners Nos. 2 and 3 Sarvshri Mohinder Singh and Jagdish Kumar were the licensed vendors for the sale of liquor at Subathu liquor vend Petitioner No. I Shri Walaiti Ram was employed by them as salesman in the aforesaid liquor vend. On receipt of some secret information the police raided the said vend of the petitioners on 17.4.1972 and took samples of Blue Seal Whisky and Dry Gin which were duly sealed on the spot in the presence of the witnesses. These samples were later forwarded to the Chemical Examiner Patiala for analysis. As per report of the Chemical Examiner the sample of Blue Seal Whisky was found to contain methyl alcohol, a poisonous matter which showed that the contents of this Blue Seal Whisky bottle were illicit. All the three petitioners were accordingly made to face their trial for the offences punishable under 5. 417, 486 and 270 of the I.P.C. as also section 61 of the Punjab Excise Act. As a result of that trial all the three petitioners were convicted for the offences under sections 417 and 420 as also under section 61 of the Punjab Excise Act thoughT they all were acquitted of the offence under section 486 Indian Penal Code Petitioner No. 1 was sentenced to pay a fine of Rs. 200/- or in default to undergo S. I. for one month for the offence under section 4 I 7 Indian Penal Code, and to pay a fine of Rs. 200/- and in default to under go S.I. for one month for the offence under section 270 Indian Penal Code. For the offence under section 61 of the Punjab Excise Act, he was sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 300/- and in default of payment of fine to undergo S.I. for two months. Each of the other petitioners was sentenced to pay a fine of Rs. 300/-and in default of payment of fine to undergo S.I. for two months for the offence under section 417 Indian Penal Cole and to pay a fine of Rs. 200/- and in default of payment of fine to undergo S.I. for one month for the offence under section 270 Indian Penal Code. For the offence under section 61 of the Punjab Excise Act, each of them was sentenced to S.I. for one day and to pay a fine of Rs. 1000/. and in default of payment of fine to undergo S.I. for six months.

(2.) The petitioners feeling aggrieved approached the Sessions Judge in appeal. The learned Sessions Judge vide a cryptic order dismissed the appeal maintaining the convictions, as also the sentences passed against the petitioners on various counts.

(3.) The petitioners have now approached this Court in revision.

(4.) It may be observed at the very out-set that the only evidence led, by the prosecution at the trial was to prove that the licensed premises of the petitioners for the sale of liquor were raided on 17.4.1972 and two samples, one from a bottle purporting to contain Blue Seal Whisky and the other purporting to contain Dry Gin, were taken. These samples as also the bottles out of which the same were taken were Sealed, on the spot in the presence of witnesses. The bottles were retained by Walaiti Ram petitioner who alone was present at the time of the raid. The samples taken by the police were subsequently sent to the Chemical Examiner who as already observed opined that the sample of Blue Seal Whisky was found to contain methyl alcohol, a poisonous substance. To this extent there appears, to be no controversy.

(5.) The learned counsel for the petitioners contends that even on the admitted facts as recorded above, no case is made out against any of the petitioners for the offence punishable under section 417 or 270 I.P.C. I find a lot of substance in the contention of the learned counsel. In the charge framed against the petitioner under section 417 I.P.C. the allegations were that by keeping and exhibiting for tale illicit liquor in their liquor vend they had intentionally deceived the public into believing that the Blue Seal Whisky was genuine and thereby dishonestly induced the public to buy and pay for the Blue Seal Whisky. It may be observed that not a single witness from the public has turned up to say if he was induced by any of the petitioners to buy Blue Seal Whisky or if any of the petitioners ever represented to him that the contents of the bottle marked with Blue Seal Whisky out of which the same was taken, were genuine. All that the prosecution can be said, to have succeeded in proving in the instant case is that the petitioners were found in possession of a bottle containing illicit liquor though the label marked thereon represented the same to contain Blue Seal Whisky. This fact by itself would not in my view some to bring home the charge under section 417 Indian Penal Code against the petitioners. The conviction of the petitioners for the offence under section 417 Indian Penal Code, is, therefore, had in law and is accordingly quashed.

(6.) The conviction and sentence imposed upon the petitioners for the offence under section 270 Indian Penal Code appears to be equally had. This section reads: 270. Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The most important ingredient of this offence is that the act attributed to the accused which constitutes the offence must be shown as likely to spread disease which is both infectious and dangerous to life. All that the prosecution could succeed in establishing in the instant ease as made out from the report of the Chemical Examiner Ex. P. W. 6/B is, that the bottle of Blue- Seal Whisky found in possession of the petitioners had traces of methyl alcohol the exact quantity of which has not been given. There is no suggestion whatever if this substance is likely to spread the infection of any disease dangerous to life. The conviction, and sentence, recorded against petitioners for this offence is accordingly also quashed.

(7.) With respect to conviction under section 61 of the Punjab Excise Act, the same was not challenged before me. Earlier I had issued a notice to the petitioners to show cause why the sentence imposed upon them for this offence may not be enhanced. Shri Chhabil Das, the learned counsel for the petitioners, prays that the notice be discharged and the sentence imposed against the petitioners may not be enhanced as the petitioners are no more in the liquor trade which business they stopped long back. In view of this prayer I discharge the notice of enhancement of sentence.

(8.) This revision petition is accordingly partly accepted, in that.. the convictions and sentences recorded against the petitioners under sections 417 and 270 Indian Penal Code are quashed., The conviction and sentence as recorded against them under section 61 of the Punjab Excise Act, is, however, maintained. The amount of fine for the offence under Ss. 417 and 270 Indian Penal Code, if already paid by the petitioners, shall be refunded to them. Revision partly accepted.