DEEPAK KUMAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) What is under assail in this revision petition is the judgment dated 22.10.2009 passed by Additional Sessions Judge (FTC) Raigarh in Criminal Appeal No. 14/2009. By the said judgment, the findings recorded by Judicial Magistrate First Class Dharamjaygarh in Criminal Case No. 103/2008 convicting the accused/applicant u/s 34 (1) (A) of the Excise Act have been maintained. However, the sentence under default clause has been reduced to RI for 1 month from that of 6 months.

(2.) Case of the prosecution, in nut-shell, is that on 08.10.2008 acting upon a secret information, Excise Sub-Inspector namely R.K. Agrawal (PW-1) effected search of the house of the accused/ applicant and seized 49 quarters of country made masala liquor, 11 quarters of country made plain liquor, 16 quarters of Golden Goa Whiskey and 11 quarters of Foreign Master Whiskey. This was done in presence of the witnesses namely Injare Sai (PW-2) and Bhikari Saunra (PW-3). On chemical examination, the seized articles were confirmed to be the country made and foreign liquor. After completion of investigation, charge-sheet was filed against the accused/applicant u/s 34 (1) (A) of the Excise Act followed by framing of charge accordingly.

(3.) Learned Magistrate vide order dated 22.04.2009 held the accused/applicant guilty under the said section and imposed the sentence of rigorous imprisonment for 1 month and pay fine of Rs. 5000/-, in default of payment of fine to further undergo RI for 5 months. In appeal, except reduction of the sentence imposed under the default clause, rest of the findings have been maintained by the judgment under challenge in this revision petition.