DHIRAJ SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On 20.08.2009 at about 6 PM Assistant Sub Inspector J.L. Sahu (PW-6) received a secret information to the effect that the accused/applicants herein were carrying liquor on a motorcycle for sale. After entering the information in the Rojnamcha Sanha he proceeded to the spot, laid barricading and on seeing two persons coming thereto on motorcycle, they were stopped and an enquiry was made. On enquiry, the rider of the motorcycle disclosed his name to be Dhiraj Sharma whereas the pillion rider as Lokesh Kumar Dongre, both the accused herein.

(2.) From a bag bearing an impression of Manikchand Gutka 96 quarters and from the other one 45 quarters of Royal Master Whiskey was kept in between rider and pillion rider were found. On further enquiry the accused/applicants admitted the contents of the bag to be liquor and that they were carrying the same for sale. The total quantity of the liquor was found to be more than 25 bulk liters. Though the liquor was sent to the laboratory for chemical examination, the report remained awaited. However, on experience based and litmus paper based examination of the liquor being done, the same was opined to be nothing else but the foreign made liquor as the pungent smell emanated therefrom. After investigation, the challan was filed and the charge was framed under Section 34 (2) of the CG Excise Act.

(3.) Learned Magistrate vide judgment dated 04.11.2009 passed in Criminal Case No.443/2009 held the accused/applicants guilty under Section 34 (2) of the Excise Act and sentenced each of them to undergo RI for one year with fine of Rs.25,000/-. On appeal being preferred, the finding of learned Magistrate came to be upheld in its entirety vide judgment impugned dated 01.01.2010 passed in Criminal Appeal No.119/2009. Hence this revision.