RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 31.08.2015 passed by the Ist Additional Sessions Judge, Burhanpur in Criminal Appeal No.72/2010 by which, the appellate Court affirmed the judgment passed by the trial Court and upheld the award of sentence against the petitioner for commission of offence punishable under Section 34 (2) of M.P. Excise Act.

(2.) Brief facts of the case are that, the Excise Inspector Khemraj Shyam received information that the accused/petitioner illegally stored English liquor in his house. He had searched the house of the petitioner along with other persons and found near about 188 bulk liters of foreign liquor President Beer 228 bottles, 227 Quarter of whiskey and 96 Quarter of Tango Zin. The seizure memo was prepared and it was signed by the witnesses. The spot map was prepared. After investigation, the charge-sheet was filed before the trial Court.

(3.) K.R. Shyam (PW-1) in his evidence deposed that he was working as Excise sub-Inspector on 18.05.2010 and he was posted at Burhanpur. He received information that the petitioner had illegally stored the foreign liquor in his house. He searched the house and in search, 188 liters foreign liquor containing different brands were found. Thereafter, the liquor was seized and the seizure memo (Ex.P.2) was prepared. Accused persons were arrested. Spot map was prepared which is (Ex.P.5). The statements of the witnesses were recorded. After enquiry, it was found that the liquor was foreign.