KHALEK SHAIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) Appellant was convicted for alleged commission of offence punishable under Section 46A(a)(ii) of the Bengal Excise Act, 1909 (in short the Act). According to the prosecution he was in unlawful possession of 40 litres of illicit distilled liquor.

(3.) The trial found him guilty and convicted him in terms of Section 46A(a)(ii) and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- with default stipulation. The said order of the learned Judicial Magistrate, 1st Court at Diamond Harbour, 24 Parganas (South) was maintained by learned Additional Sessions Judge, 6th Court, Alipore, 24 Parganas (South). The High Court also did not find any substance in the revision filed before it and dismissed the same.