PRATAPBHAI BACHUBHAI BHAKHADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Revision Application is directed against the decision of learned Additional Sessions Judge, Amreli dated 26.5.2003 passed in Criminal Appeal No. 24/2000 by which learned Judge was pleased to uphold conviction and sentence awarded by learned Magistrate in his order dated 17.4.2000.

(2.) The applicant was the sole accused in criminal case no. 754/1998 involving offences punishable under Section 66(1)(B) etc. of the Bombay Prohibition Act. As per the prosecution version, raiding party had seen the petitioner on his field. Upon being challenged, he ran away. Further search revealed consignment of large number of liquor bottles from the place. Charge was therefore, framed against the applicant for above-mentioned offences. Both the Courts found that allegations are proved. Sentence of six months of rigorous imprisonment and three months of rigorous imprisonment respectively had been awarded to run concurrently.

(3.) Learned counsel for the applicant submitted that identity of the applicant was not established. There was insufficient evidence to show that liquor bottles were found from agricultural field of the applicant. He submitted that both Panchas had turned hostile. Constables who had identified the applicant on spot was not examined as witnesses. Courts below therefore, erred in convicting the applicant.