MITHUN Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision has been filed against the judgment dated 27.2.2020 pronounced in Cri. Appeal No.26/2019, whereby the conviction and sentenced imposed upon the applicant under Section 34(2) of M.P. Excise Act by CJM Khargone in Cri.Case No.2782/2013 has been affirmed.

(2.) The case of the prosecution in short was that on 29.9.2013, pursuant to a Mukhbir information, Excise Sub-Inspector Circle, Sanawad, intercepted a vehicle bearing registration No. M.P. 09 C.F. 3749. On search, it was revealed that there was 90 bulk litres of country made liquor loaded in the dicky of the vehicle. A case under Section 34(2) of M.P. Excise Act was registered and charge sheet was filed. The trial court examined 4 witnesses and relying upon the testimony of these witnesses convicted the applicant. The appellate Court has affirmed the conviction and sentenced as already stated.

(3.) In the revision application, it has been mentioned that complainant Shri N.R. Alawa (PW1) has acted in twin capacity, as complainant as well as investigator, which is not permissible. It has also been stated that there are contradictions in the testimonies of (PW1) and (PW2), it has also been stated that no efforts were made by the prosecution to determine the owner of the vehicle, which was seized. The aforesaid vehicle is not owned by applicant Mithun. On these grounds, acquittal has been sought.