UMESH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed by the petitioner who is in judicial custody against the order passed by the V Additional Sessions Judge, Indore in Criminal Appeal No.424/2009, whereby the learned Judge has found the petitioner guilty under Section 34(1) (A) (2) of the M.P. Excise Act. The Sessions Judge has confirmed the sentence of R.I. for one year with payment of fine of Rs.25,000/ awarded to the petitioner by the Chief Judicial Magistrate, Indore in criminal case no.9478/2009 vide order dated 07/07/09.

(2.) According to the petitioner, the judgment of the lower Court as well as of the Sessions Court are contrary to law and the facts available on record because neither it is legal nor proper. While delivering the impugned order, the lower Court is stated to have drawn wrong conclusions. It is also submitted that it was a fit case, where the petitioner ought to have been granted the benefit of probation, in as much as the petitioner is first offender and it is the first case in which he was convicted. It is further submitted that the essential ingredients of Section 34 (1) (A) (2) of the M.P. Excise Act was not proved in this case.

(3.) I have heard learned counsel for the petitioner as well as the Government counsel.