MANGAL SINGH @ MANGE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred under Section 397 read with Section 401 of the Code of Criminal Procedure against the judgment dated 14.9.2006 passed in Criminal Appeal No.93 of 2006 by the Sessions Judge, Durg affirming the judgment dated 19.7.2006 passed in Criminal Case No.723 of 2006 by the Additional Chief Judicial Magistrate, Durg by which the Learned Additional Chief Judicial Magistrate has convicted the Petitioner under Section 34(1)(a)(2) of the Chhattisgarh Excise Act and sentenced with rigorous imprisonment for 1 year and fine of Rs.30,000/- with default stipulation.

(2.) Case of the prosecution, in brief, is that on 23.1.2006, during the patrolling duty, Sub-Inspector M.K. Dhruw received a secret information from the informant that the Petitioner has kept some illicit liquor in his house. He along with two witnesses proceeded towards the house of the Petitioner and searched the house. During the search, total 28 bulk litres of country-made masala liquor were found below the cot placed in the house. Thereafter, First Information Report was registered. After completion of investigation, a charge-sheet was filed against the Petitioner. Charge under Section 34(1)(a)(2) of the Chhattisgarh Excise Act was framed against the Petitioner. After trial, the Learned Additional Chief Judicial Magistrate convicted and sentenced the Petitioner as mentioned above which has been affirmed in appeal by the Learned Sessions Judge. Being aggrieved, the Petitioner has preferred the instant revision.

(3.) Learned Counsel appearing for the Petitioner argued that the independent witnesses of seizure did not support the prosecution story. He further argued that there is no cogent evidence on record to show that the Petitioner was in conscious possession of the illicit liquor. He further submitted that the conviction of the Petitioner is based on suspicion and suspicion however strong it may be cannot take place of a legal proof.