BABULAL SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dated 31.12.2007 passed by the Additional Sessions Judge (FTC) Raipur District Raipur in Criminal Appeal No. 51 of 2007, affirming the judgment of conviction and order of sentence dated 31.07.2007 passed by the Chief Judicial Magistrate, Raipur in Criminal Case No. 3882007, convicting the accusedapplicant under section 34(1) (a) of the Excise Act and sentencing him to undergo rigorous imprisonment for 1 year and pay fine of Rs. 25,000- with default stipulations.

(2.) Facts of the case, in short, are that on 04.03.2007 Assistant Sub Inspector of Police Station Civil Lines was on patrolling duty, he received a secret information regarding the accusedapplicant was selling illicit liquor from his house at Meeranagar. He along with his associates nabbed the applicant and on being searched 160 quarter i.e. 28 liters of country made liquor (Ex.P-1) was seized from him. After effecting seizure and making arrest of the accused thus on completion of investigation charge sheet was laid under Section 34(1)(a) of the Excise Act.

(3.) After examining the material available on record and the evidence of the witnesses the trial Court convicted the accusedapplicant under Section 34(1)(a) of the Excise Act. The findings recorded by the trial Court have subsequently been confirmed by the lower Appellate Court by the judgment impugned and it is that which is under challenge in this revision.