KHIMA NAND BELWAL Vs. STATE

JUDGEMENT

(1.) THE applicant Khima Nand Belwal has been convicted under Section 60 (1) (a) of the Excise Act (hereinafter called the Act) and sentenced to one year's R. I. and a fine of Rs. 1000/-, in default further six months R. I.

(2.) THE prosecution case was that on 13-9-1978 at about 1. 45 P. M. the applicant who is a driver in the U. P, Government Roadways was found leaving the Bus Stand in a rickshaw with a [holdall. He was intercepted by the Excise party which resulted in the recovery of 85 quarter bottles popularly known as nips of M. M. B. whisky and Carews imperial whisky. THE defence was a denial and false implication after his signatures had been obtained on a paper on the pretext that he was being made a witness. Both the courts below rejected the defence.

(3.) IN the result, the revision is partly allowed. The conviction of the applicant is confirmed but the sentence of one year's R. I. and a fine of Rs. 1000/- is reduced to the period already undergone plus a fine of Rs. 3000/-, in default one year's R. I. Two month's time from the date of receipt of the record in the court below is allowed for payment of fine. The applicant is on bail and need not surrender in case the fine is paid within the time allowed. Revision partly allowed.