SUNIL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the revision petitions are being decided by this common order which have been brought being aggrieved by the judgment dated 4.11.2019 passed in Criminal Appeal No. 73 of 2019 upholding the judgment and conviction of sentence passed by the trial Court.

(2.) On 7.9.2014 at about 12:45 pm, the villagers of village Raikona had stopped the vehicle bearing registration No.C.G.04-DH-4584, in which the liquor like material was present. It was informed by the villagers to the police, that the persons present in the vehicle were intending to make sale of the said liquor like material. G.K. Singh, ASI (PW-3) arrived on the spot. He served the notice under Section 91 of the Cr.P.C to the applicant in both the cases and one another to inform about the authority of the possession of the liquor, to which they replied in negative. Subsequent to which, he lodged an unregistered FIR Ex.P/10, registering offence under Section 34(2) of the Chhattisgarh Excise Act. Seizure of vehicle No. C.G.-04 DH-4584 was made from the possession of applicant -Laxmikant vide Ex. P/1, seizure of 6.6 liters of country liquor was made from one co-accused - Guddu Singh and similarly, seizure of 6.8 bulk liters of country liquor was seized from Sunil Singh. The articles seized were taken in possession by the Investigating Officer and samples were sent for examination to the S.P. Acharya (ASI), Excise Sub-Inspector (PW-4), who has in his report confirmed that the articles seized in bottles contained country liquor. After completion of investigation, the applicant in both the cases were charge-sheeted.

(3.) Learned trial Court framed the charges under Section 34(2) of the Chhattisgarh Excise Act. On completion of trial, the judgment dated 22.6.2019 was passed in which the applicant in both the cases were held guilty for the offence under Section 34(2) of the Chhattisgarh Excise Act and sentenced with rigorous imprisonment of one year alongwith fine of Rs.25,000/- each with default stipulation. The appeal filed before the Court of Sessions Judge, Baloda Bazar has been dismissed by the impugned order.