SHEKHAR SONKAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This revision has been preferred against the judgement dated 18.11.2004 passed in Criminal Appeal No. 338 of 2003 by the First Additional Sessions Judge, Durg by which the judgement dated 08.07.2003 passed in Criminal Case No. 2369 of 2003 by the Chief Judicial Magistrate, Durg convicting the applicant for the offence under Sec. 34(1)(a)(2) of the Chhattisgarh Excise Act (for short, 'the Act') and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.25,000.00, in default of payment of fine, to further undergo rigorous imprisonment for four months, has been affirmed.

(2.) Prosecution story, in brief, is that on 26.07.2001 Excise Sub-Inspector S. Acharya (PW-3) received information from an informant and thereafter Sub Inspector S. Acharya (PW-3) along with other witnesses conducted raid in the house of the applicant vide search panchanama (Ex.P-1). They found 290 quarters X 180 ML = 52.200 bulk litres of Royal Master Whisky (foreign liquor) from the house of the applicant which was seized vide (Ex.P-2) and on getting tested, it was found to be foreign liquor. The applicant was asked to produce valid licence regarding the seized liquor but the applicant failed to produce any document. A case was registered against the applicant under Sec. 34(1)(a)(2) of the Act and a charge-sheet was filed against him in the Court of Chief Judicial Magistrate, Durg. The Chief Judicial Magistrate registered Criminal Case No.2369 of 2003 against the applicant and by the judgement dated 08.07.2003 convicted and sentenced the applicant as mentioned in the first paragraph of this order.

(3.) Being aggrieved by the judgement of the trial Court, the applicant preferred an appeal, being Criminal Appeal No. 338 of 2003. In the appeal, the First Additional Session Judge, Durg by judgment dated 18.11.2004 dismissed the appeal and affirmed the judgement of conviction and sentence passed by the trial Court. Hence, this revision.