STATE OF MYSORE Vs. PAIMLEE

JUDGEMENT

(1.) In this petition, the State has challenged the correctness of the sentence passed by the Munsiff-Magistrate, Chitapur, in C.C.No.164/3 of 1970, on 17-3-1970 while convicting the respondent for an offence under S.34 of the Mysore Excise Act, 1965 (which will be hereinafter referred to as 'the Act' in the course of this order).

(2.) The prosecution case is that the respondent, was, on 24-12-1969 at 11-30 PM., found in possession of one bottle containing 650 millilitres of illicitly distilled liquor and, therefore, had committed an offence punishable under S.34 of the Act.

(3.) The records go to show that when the substance of the accusation was read over and explained to the respondent as per S.242 Crl.P.C., the respondent pleaded guilty and the learned Magistrate accepted the plea and proceeded to convict and sentence the respondent as narrated above. The contention of the" State Public Prosecutor is that the learned Magistrate while imposing sentence on the respondent, has overlooked the amended provisions of S.34 of the Act and that such amendment came into force on 23-12-1969.