JIGNESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present revision application u/s 397 r/w Sec. 401 of the Code of Criminal Procedure, 1973 is filed by the petitioner - accused being aggrieved with the judgment and order rendered in Criminal Appeal No.13 of 2012 by the Ld. Addl. Sessions Judge, Una dtd. 16/4/2012 confirming the judgment and order of conviction and order of sentence passed by Ld. JMFC, Una dtd. 15/4/2009 passed in Criminal Case No. 701 of 2005, whereby the petitioner - org. Accused was convicted for offences punishable u/s. 66(B). 65(A)(E) and 81 of the Bombay Prohibition Act and sentence for (i) simple imprisonment of 06 months and fine of Rs.500.00 and further S.I. of 15 days in case of in default of payment of fine for the offence under Sec. 66(B) of the Bombay Prohibition Act and (ii) simple imprisonment of 6 months with fine of Rs.500.00 and further S.I. of 15 days in case of default of payment of fine for the offence punishable under Sec. 66(A)(E) and 81 of the Bombay Prohibition Act. All the sentences are ordered to run concurrently.

(2.) The case of the prosecution was that incident of raid of prohibition of illicit liquor happened on 20/3/2005 at about 3.20 pm. It is the case of the prosecution that on that day, present applicant as well as co-accused were travelling in Maruti Esteem Car No.GJ-1-HH-7734 and they were passing from Una Town and they were coming from Union Territory, Diu. They were intercepted and asked by police persons of Una to stop vehicle, but both the persons did not stop car and ran away towards Bhavnagar side. Therefore, police persons of Una informed police persons of Nageshri police station to intercept said Maruti car and also asked them to inform police of Una. Therefore, police persons of Nageshri Police Station kept watch on road. When car reached near village Hemal, the said car was intercepted by police persons of Nageshri police station. On seeing police persons of Nageshri police station, both the persons parked their car behind one society and both the accused tried to run away from that place. They were intercepted and arrested by police and muddamal of illicit liquor i.e. bottle of prohibited foreign liquor worth Rs.9720.00 was found under rear seat of car and also from box lying in the car. All these contraband bottles of illicit liquor and maruti car, etc. were attached under panchnama. The police registered FIR and thereafter, applicant and co-accused were arrested.

(3.) Charge was framed. The petitioner pleaded not guilty and claimed to be tried. Therefore, the case was returned for recording the prosecution evidence. The prosecution has examined witnesses, as also produced documentary evidence. The learned trial Court having appreciated the said evidence recorded the finding as noted in the judgment culminated in conviction as stated supra followed by imposition of punishment as above, which has been unsuccessfully challenged before the first appellate Court and thus present revision is filed.