SHASHIKANT @ SATYANARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) This is a revision filed under Section 397 read with Section 401 of Cr.P.C., challenging the legality and propriety of the judgment of conviction and order of sentence passed against present applicant by Ist Additional Chief Judicial Magistrate, Indore in Criminal Case No. 651/05, vide judgment dated 9.1.2006 and confirmed by XIX Additional Sessions Judge, (Fast Track) Indore in Criminal Appeal No. 21/2006, by which applicant was found guilty for the offence punishable under Section 34 (2) of M. P. Excise Act and has been sentenced to undergo one year's rigorous imprisonment and to pay fine of Rs. 25,000/-.

(2.) The facts which are necessary for the disposal of this revisions are that on 23.6.2002 A.S.I. of police station Lasudiya on some previous information stopped Maruti car bearing registration No. MP 09-A 1647 in front of of Gurudwara of Gram Nipaniya bypass. Co-accused Ashok was found driving that vehicle and another co-accused Ramswaroop was also sitting inside that vehicle. When the car was searched, then 25 boxes containing bottles of liquor were found kept in the vehicle. Samples were drawn from those bottles, which were found in those boxes and were sent for chemical examination to Excise Inspector, who after testing the same submitted his report. As against present applicant the allegation was that he was the registered owner of the said vehicle, where from the liquor was seized, though he was not present in the vehicle at the relevant time, but it was found by the trial Court that he was having full knowledge that the liquor was being carried in his vehicle. On the basis of this finding he was also found guilty and has been convicted by the trial Court, after completion of trial, as aforesaid.

(3.) Learned counsel for the applicant, Shri Rawal submitted that, there is no iota of evidence in the whole of the case of prosecution to show that the present applicant was, at any point of time, in conscious possession of the alleged liquor, which was found in the vehicle. It has been argued on behalf of the applicant that under the provisions of Section 34 of M.P. Excise Act, it is the conscious possession, which is punishable. In the whole of the prosecution case and the statements given by all witnesses, it has nowhere come that present applicant was ever travelled with the alleged liquor or was having any knowledge regarding that liquor, which was found in the vehicle.