GOBARDHAN Vs. STATE

JUDGEMENT

(1.) This is an application in revision by one Gobardhan who has been convicted under see-tion 60 (a) and (f) of the Excise Act by a first class Magistrate of Bareilly and has been sentenced to six months' R. I. and a fine of Rs. 200/- under Sub-clause (a) and to six months'' R. I. and a fine of Rs. 200/- under Sub-clause (f); the sentence of imprisonment being concurrent. His conviction and sentence was affirmed, in appeal, by the learned Sessions Judge, Bareilly.

(2.) It appears that on 28-9-1952, at about 6.45 a.m. the house occupied by the present applicant and his brother Jiwan and nephew, Kesari was searched by the Excise Inspectors, Sri M. L. Ehattacharya, and Sri Rampat Ram Srivastava accompanied by cer-tain witnesses. . The applicant was in possession of the upper storey in the nouffe and Jiwan and Kesari were living in the lower storey. On a search of the upper storey, which was in possession of the applicant, a brass vessel (Ex 3) containing illicit liquor and some apparatus for the dostillation of illicit liquor consisting of a cherua, a tasla and a Handi were recovered. The illicit liquor in the brass vessel (Ex 3) was poured into eight bottles which were packed and sealed. Besides the above recovery, four bottles of illicit liquor are said to have been recovered from the lower storey which was in possession of Jiwan and Kesari. One out of these twelve bottles was sent to the Chemical Examiner for the examination of the contents but it is not clear whether this bottle was out of the eight bottles said to have been recovered from the possession of the applicant or out of four bottles which were recovered from the possession of the other two accused.

(3.) The accused denied the alleged recovery and pleaded that they had been falsely implicated.