LOCHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal revision, applicant has challenged the legality and propriety of the judgment dated 20.09.2012 passed by Second Additional Sessions Judge, Mahasamund in Criminal Appeal No. 125/2001, affirming the judgment of conviction and order of sentenced dated 25.06.2001 passed by the Judicial Magistrate First Class, Mahasamund in Criminal Case No. 578/1999, whereby and where-under after holding the applicant guilty for possessioning illicit country made liquor not fit for human consumption convicted the applicant for the offence punishable under Sections 34 (a) and 49-A (a) of the Excise Act, 1915 (in short "?the Act "?) and sentenced R.I. for one month and fine of Rs. 1,000/- in default R.I. for 3 months and R.I. for 6 months and fine of Rs. 1,000/- in default R.I. for one month.

(2.) Learned Counsel for both the parties heard, judgment impugned and records of Court below perused.

(3.) Learned Counsel for the applicant vehemently argued that in order to prove the fact that alleged liquor seized from the applicant was not fit for human consumption, prosecution was under obligation to send the same for analysis to public analyst. But reason best known to the Excise Inspector he has sent the sample to one Usha Laboratories who has failed to show that it was authorised by State Government to analyze of liquor in absence of such evidence the conviction and sentence to the applicant under Sections 34 (a) and 49-A (a) of the Act is not sustainable under the law.