TILAK RAJ Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against dismissalof the appeal filed by the present petitioner in the court of District andSessions Judge. Delhi, against his cooviction for the offence under Section61(l)(a) of the Punjab Excise Act, 1914 (for short 'the Act') recorded by amagistrate. The trial court passed the judgment on 22.7.1978 in acaseregistered in 1974 and after giving separate opportunity to the convict toaddress arguments on the point of sentence as required by Section 248(2)of the Code of Criminal Procedure 1973, held it to be a case where benefitof probation could not be given and passed a sentence of RI for 6 monthsand a fine of Rs 1.000.00, sentence in default being further RI for 2 months.This was by order recorded separately the same day.

(2.) The petitioner was charged with the offence under Section 6 l(l)(a)of the Act on the allegation of having been found in possession of charasweighing 3 kgs. On consideration of the prosecution evidence the trial courtheld the prosecution case proved against the accused and recorded convictionand sentence as noted above.

(3.) On an appeal being filed the finding of fact in so far as appreciation of evidence was concerned was confirmed by the judgment passed by theAdditional Sessions Judge, Delhi, on 27.4.1979, and the conviction as well asthe sentence was maintained.