PALTU MATABADAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant Paltu has been convicted by the Magistrate First Class Bilaspsr under Section 34 (a) of the C. P. and Berar Excise Act and sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 100/- or in default to undergo further rigorous imprisonment for one month. An appeal preferred by him against his conviction and sentence was partly allowed by the First Additional Sessions Judge Bilaspur. He has now come up, in revision before this Court.

(2.) THE applicant runs a grocery shop as mouza Pendra and also holds a licence for sate of 'ganja'. On 7-7-1957 Excise Sub-Inspector Shri D. K. Singh and Shri Jeewanlal went to the shop of the accused. On their arrival they noticed that the accused was trying to conceal sun aluminium container beneath his wooden dias. Shri Jeewanlal took the container from the hands of the accused. On being opened it was found to contain 3 tolas of foreign 'ganja',.

(3.) THE applicant was on the facts stated above tried and convicted under Section 54 (a) of the C. P. and Berar Excise Act.