RAMSINGH HARSUKHSINGH RAJPUT Vs. STATE OF GURJAT

JUDGEMENT

(1.) THE present applicant original accused has preferred this Revision Application under Section 397 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 29/6/1991 passed by the learned Judicial Magistrate First Class, Dhanera, in Criminal Summary Case No.933 of 1987, whereby the learned Magistrate has convicted the applicant under Sections 143, 29 and 72 of the Bombay Prohibition Act read with Rules 3(2) and 10 of the Transport Rules and sentenced the applicant and he was ordered to undergo S.I. of 9 months and to pay a fine of Rs.1000/-, in default, to undergo further S.I. for three months for the offence punishable under Rule 3(2) of the Transport Rules. Learned Magistrate further convicted and sentenced the applicant to undergo S.I. for 9 months for offences punishable under Rule 10 of the Transport Rules and to pay a fine of Rs.1000/-, in default, further S.I. of three months. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the applicant are that on 16.7.1987, at about 2:00 Hrs. near Dhanera, Nr. Rajdhani Hotel, the truck No.RJC 4351 was found having 800 packets of beer without any permit and the said truck was going from Bombay to Jodhpur and the permission of the Director of Prohibition and Excise was not taken for transporting the same the State of Gujarat. THEreby, the applicant committed breach of the Transport Rules and also committed offences punishable under Sections 143, 72 and Section 29 of the Bombay Prohibition Act.

(3.) LEARNED advocate Mr. Gondalia appearing on behalf of the applicant submitted that he is not arguing this matter on merits, but arguing on the quantum of punishment and he prayed to reduce the sentence.