DASHRATH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition has been filed by the accused/applicant against the impugned judgment dismissing the criminal appeal by the Appellate Court and affirming the judgment and conviction and order of sentence passed by the Trial court convicting him under Section 34 (2) (1) of M. P. Excise Act, 1915 and has been sentenced to suffer one year R. I. and fine of Rs. 25,000/ -. In default, further R. I. of three months.

(2.) IN brief the case of prosecution is that on 4-10-2001 at 12. 30 p. m. near Gangapur Hanumanji temple at Janakpur road. Assistant Sub Inspector manmohan Singh Kushwaha stopped a tractor trolley and on searching the trolley it was found that in the heap of the sand, in plastic container Royal Gin liquor was found. 48 containers were seized and in each container there were 200 pouches of the liquor Gin. Necessary Panchanama was prepared and a charge sheet was submitted in the Court.

(3.) THE Trial Court framed charges punishable under Section 34 (2) (1) of M. P. Excise Act. Needless to emphasise, both the accused persons abjured their guilt and pleaded complete innocence. Thereafter the prosecution witnesses were examined.