JOSEPHDSOUZA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was convicted for an offence under S.13(l) (f) of the Mysore Excise Act, 1965, hereinafter to referred to as the Act, and sentenced to undergo three months rigorous imprisonment and to pay a fine of Rs.100 with necessary default sentence.

(2.) The case of the prosecution is that on 15-1-70 at about 11-45 p.m. the accused was found to be in possession of some arrack and 25 litres of fermented wash, in Shirva village. The accused pleaded guilly to the charge and was sentenced as above. His appeal before the Sessions Judge of South Kanara in Crl.App.53 of 1972 was dismissed.

(3.) On behalf of the petitioner, Sri P. Viswanatha Shetty, the learned Advocate raised two contentions: They are :