STATE OF MADHYA PRADESH Vs. SARMAN BALDEO

JUDGEMENT

(1.) THIS order shall govern the disposal or Criminal Revision No. 520 of 1962 also, as the point involved in both the revisions is the same.

(2.) THE accused-non-applicants Sarman and Nanne were convicted by the Additional District Magistrate, Chhatarpur, respectively under Sections 34 (a) and (34) (f) of the Madhya Pradesh Excise Act, and sentenced to simple Imprisonment till the rising of the Court, together with a fine of Rs. 10/- each. On revision, the Sessions Judge, Chhatarpur, has reported the case to this Court under Section 438 of the Code of Criminal Procedure recommending that In view of the Madhya Pradesh Excise (Amendment) Act No. 4 of 1961, the minimum sentence, which should have been passed against the accused-nonapplicants, was one month's imprisonment and a line of Rs. 100/each, because there were no special and adequate reasons to the contrary mentioned in the Judgment of the Court.

(3.) ON 13/8/1962, at village Katarwara, Tahsil and district Chhatarpur, the accused-non-applicants were found in possession of illicitly distilled liquor and an apparatus for manufacturing illicitly distilled liquor respectively which were duly seized. On being prosecuted, each of them flied an application in writing in the Court of the trying Magistrate admitting his guilt and praying to be excused. They further stated that they did not want any investigation to be made into the allegations made against them. Accepting the aforesaid statement of the non-applicants as a plea of guilty, the trial court convicted them under Sections 34 (a) and 34 (f) of the M. P. Excise Act respectively and sentenced each of them to imprisonment till the rising of the court, together with a fine of Rs. 10/ -.