SHYAMA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Case of the prosecution is that on 16.02.2009, PW-3 an IPS officer along with his staff proceeded to the spot on the basis of a secrete information and found 330 quarters of country made liquor kept in the house of the accused/applicant. Seizure of the same in presence of two independent witnesses being PW-1 and PW-2 was effected under Ex. P-1. However, the accused/applicant could not produce any document in respect of the said liquor. After receiving the examination report Ex.P-8, Dehalti Nalisi (Ex. P-3) followed by FIR (Ex.P-6) was recorded against the accused/applicant under Section 34 (A) of the Excise Act. Investigation resulted in filing of charge-sheet and framing of charge by the learned Magistrate for the offence under Sections 34 (1) (A) and 34 (2) of the Chhattisgarh Excise Act.

(2.) Learned Magistrate vide judgment dated 10.09.2009 passed in Criminal Case No. 246/2009 convicted the accused/applicant under Sections 34 (1) (A) and 34 (2) of the CG Excise Act and sentenced her to undergo Imprisonment for three months with fine of Rs. 5,000/- u/s 34 (1) (A) and imprisonment for one year with fine of Rs. 25,000/- u/s 34 (2) of the Excise Act, plus default clauses. Learned Lower Appellate Court though maintained the conviction under both the sections yet waived the sentence under Section 34 (1) by keeping the sentence u/s 34 (2) of the Excise Act as it is. Hence this revision.

(3.) Counsel for the applicant submits that the judgment impugned does not rest on the evidence adduced by the prosecution and, therefore, the same is liable to be set aside. State counsel however supports the judgment impugned.