STATE OF MYSORE Vs. LALU

JUDGEMENT

(1.) In this petition, the State contends that the sentence of simple imprisonment till the rising of Court and fine of Rs.12 and in default simple imprisonment for five days passed by the First Additional Munsiff Magistrate, Gulbarga on 10-4-1970 in C.C. No.676 of 1970 against the respondent is not according to law.

(2.) The prosecution case against the respondent is that at about 8-45A.M. on 14-1-1970, he was found in possession of one earthen pot containing 25 litres of fermented jaggery wash, one tin used for boiling jaggery wash to convert the same into liquor and one bottle containing 650 M.L. of ID. liquor and one aluminium pot used for condensing liquor received on distillation and lastly one iron basket used for cooling the receptacle, viz., the alminium pot and therefore had committed an offence under S.32 of the Mysore Excise Act.

(3.) The records go to show that when the substance of the accusation was read over to the respondent, the respondent pleaded guilty and the learned Magistrate accepted the plea and convicted the respondent for an offence under S.32 of the Mysore Excise Act (hereinafter referred to as the Act) and sentenced the respondent as narrated above. The facts admitted by the respondent do make out an offence under S.32(2) (e) of the Act. That goes to show that the conviction of the respondent is according to law.