ANURAG LAKDA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assailing the legality, validity and correctness of the judgment dtd. 30/3/2010 passed by 3rd Additional Session Judge (F.T.C.), Surguja (Ambikapur) (C.G.) {for short ASJ} in Criminal Appeal No. 58/2010 by which the learned ASJ has upheld the judgment of conviction dtd. 19/3/2010 passed by Chief Judicial Magistrate, Ambikapur, District Surguja (C.G.) {for short CJM} convicting the applicant under Sec. 34 (2) (1) of the Excise Act and sentencing him to undergo one year rigorous imprisonment with fine of Rs.25,000.00, in default of payment of fine three month rigorous imprisonment, the applicant has preferred this revision under sec. 397/401 of Criminal Procedure Code, 1973 {for short Cr.P.C}.

(2.) Prosecution case in brief is that on the date of incident i.e. 3/12/2009, information was received from an informant that the applicant was going to sell mahua liquor. The applicant was caught and from the possession 31 liter of hand furnaced mahua liquor was seized. No licence was produced by the applicant and hence he was arrested and after due investigation charge sheet was filed.

(3.) The prosecution examined as many as 4 witnesses in support of its case. The prosecution exhibited 5 documents in order to bring home the guilt of applicant. Statement of applicant under sec. 313 Cr.P.C. was recorded in which he has stated that he has been falsely implicated and he is innocent.