VINAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. has been filed by the petitioner being cresfallen by the judgment dtd. 6/1/2020 passed by learned IVXth Additional Sessions Judge, District Indore in Criminal Appeal No. 206/2019 affirming the judgment dtd. 30/7/2019 passed by learned Chief Judicial Magistrate, District Indore wherein the petitioner has been convicted under Sec. 34(2) of M.P. Excise Act, 1915 (hereinafter referred to as "the Act") and sentenced to undergo 01 year R.I. alongwith fine of Rs.25,000.00 and in default stipulation 03 months R.I., Ss. 39/192, 146/196 and 3/181 of Motor Vehicle Act, 1988 (hereupon referred to as "MV Act") alongwith fine of Rs.2,000.00, Rs.500.00 and Rs.500.00 and Sec. 484 of Indian Penal Code, 1860 (in short "IPC") and sentenced to undego 01 year R.I. with fine of Rs.5,000.00respectively and default stipulations.

(2.) Succinctly stated brief facts of the case are that on 9/12/2010, ASI posted at M.G. Road, Police station has received a discret information from the informer that one Scorpio bearing Registration No.MP-09-MQ-0008 is loaded with illegal liquor and shall pass through Tilak Path Road. Acting upon the said information, the police team after following the due procedure of law, reached on the spot, they saw the Scorpio vehicle as informed by the informer, on being interrogation, the driver has named himself as Vinay @ Vickey and upon having searched, the police has recovered 48 boxes (containing 50-50 quarters each) each quarter containing 180ML total 430.200 bulk litres of countrymade liquor. At the time of searching, police found counterfeit mark used by public servant and also found vechile having no documents. Hence, the police registered the offence under Sec. 34(2) of the Act, Ss. 39/192, 146/196 and 3/181 of M.V. Act and Sec. 484 of IPC against the petitioner.

(3.) During investigation, contraband was seized by preparing seizure memo and recorded evidence on independent witnesses. Contraband was sent for FSL analysis. After following the due procedure of law and filed the charge-sheet against the petitioner for the offence Sec. 34(2) of the Act, Ss. 39/192, 146/196 and 3/181 of M.V. Act and Sec. 484 of IPC.