JETHALAL GIRDHARLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application is filed by the petitioner original accused against the order of the learned Sessions Judge Bhavnagar confirming the order of conviction and sentence passed by the Judicial Magistrate First Class Mahuva for the offence punishable under sec. 66(1)(b) of the Bombay Prohibition Act 1949 (hereinafter referred to as the Act). The short facts of the case may be stated as under:

(2.) From the evidence on the record the learned Magistrate found the accused guilty and sentenced him to suffer S.I. for one month and fine of Rs. 50.00 in default S. I. for fifteen days for the offence under sec. 85(1)(3) of the Act read with sec. 255(2) of the Criminal Procedure Code and further sentenced him to the minimum sentence of S. I. for three months and a fine of Rs. 500.00 in default S. I. for one month for the offence under sec. 66(1)(b) of the Bombay Prohibi- tion Act read with sec. 255(2) of the Criminial Procedure Code.

(3.) Against the aforesaid order of conviction and sentence the present petitioner preferred Criminal Appeal No. 1 of 1980 before the Sessions Court Bhavnagar. The learned Sessions Judge acquitted the petitioner for the offence under sec. 85(1)(3) of the Act and set aside the sentence imposed on the accused by the learned Magistrate. However the learned Sessions Judge confirmed the order of conviction and sentence for the offence under sec. 66(1)(b) of the Act. Being aggrieved by the order confirming the conviction and sentence for the offence under sec. 66(1)(b) the petitioner has filed the present revision application.