LAKHABHAI JIVRAJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has preferred this revision application under section 397 of the Cr.P.C. and challenged the judgment and order of conviction and sentence passed by the learned Presiding Officer, Fast Track Court, Junagadh on 22nd November, 2005 in Criminal Appeal No.33 of 2003 upholding the conviction and sentence passed by the learned JMFC, Junagadh on 30.8.2003 in Criminal Case No.3829/1992.

(2.) THE offence was registered against the petitioner original accused under the provisions of section 66(b), 85 (1)(2)(3) of the Bombay Prohibition Act, 1949 (for short the Prohibition Act) on the basis of an information received on 18.3.1992 that country liquor was being manufactured in the farm of the petitioner and hence, raid was carried out and the petitioner was caught while running away. After completion of investigation, charge sheet came to be filed against the petitioner in the Court of learned JMFC, Junagadh and it was registered as Criminal Case No.3829 of 1992. After trial, the petitioner was convicted for the offence charged against him and was sentenced to undergo SI for three months for the offence u/s 66(1)(b) of the Prohibition Act and to pay fine of Rs.500/-, in default thereof, to undergo further SI for one month. THE petitioner was also convicted for the offence u/s 85(1)(3) of the Prohibition Act and was sentenced to undergo SI for seven days and to pay fine of Rs.25/-, in default, to undergo further SI for five days. Being aggrieved by the said decision, the petitioner preferred Criminal Appeal No.33 of 2003 in the Court of learned Fast Track Judge, Junagadh. THE appellate Court, after hearing, dismissed the appeal by judgment dated 22.11.2005 and confirmed the judgment and order of conviction and sentence passed by the trial Court. THErefore, the petitioner has approached this Court by way of filing present revision application.

(3.) HE has relied upon the decision rendered in the case of State of Gujarat Vs. Natwar Harchandji Thakor, 2005(1) GLR 709 and an unreported decision of this Court rendered in Criminal Revision Application No.64 of 2006 dated 15.4.2011.