RAMDAYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition is directed against the appellate judgment and order dated 6 -6 -1984 passed by the 1st Additional Sessions Judge, Ujjain in Criminal Appeal No. 18 of 1984 where by the petitioner's conviction under Section 34 (a) of the Madhya Pradesh Excise Act, 1915 (for short 'the Act') and the sentence of rigorous imprisonment for two months and a fine of Rs.200/ -, in defeult to undergo rigorous imprisonment for 40 days passed by the learned trial Magistrate have been maintained.

(2.) ACCORDING to the prosecution case on 22 -2 -1978 at 6.00 p.m. the Excise Inspector Rajendrapalsingh (P. W. 2) along with some members of the staff and panch witnesses raided the hotel in Malipura, Ujjain and the petitioner was found present at the counter and several bottles of low duty paid liquor were recovered from his possession.

(3.) THE case of the petitioner in the trial Court was one of denial. His version was that he was not present at the counter and he could not say whether signature on seizure memo. Ex. P.1 was his.