MOHAN SHIVHARE Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred this revision application on feeling aggrieved by the judgment dated 31.08.2016 passed by Vth Additional Sessions Judge, Bhind in criminal appeal No. 31/2016, whereby the judgment of conviction pronounced by the Court of Judicial Magistrate First Class, Bhind on 13.01.2016 in criminal case No. 1216/2014 has been upheld.

(2.) The applicant has been convicted for the commission of offence punishable under Section 34 (2) of M.P. Excise Act (for brevity 'the Act') and has been sentenced to undergo RI for one year and fine of Rs. 25,000/-, with default stipulation of three months simple imprisonment.

(3.) The relevant facts necessary for adjudication of present revision application are that on 19.07.2014 during patrolling duty, Mr. Ravindra Kumar, ASI, police station Lahar, received an information that the applicant is selling the liquor at Mastora Mohalla near his grocery shop. For finding out the authenticity of the information, police party reached at the spot where they found four plastic canes. On checking the plastic canes, they observed the smell of alcohol. All the canes were having 60 liters of illicit liquor. On asking about the liquor kept in the canes, the applicant could not depict the same, therefore, the police took the custody of the accused and seized above liquor from the possession of the applicant. On the basis of aforesaid recovery, the case under Section 34 (2) of Excise Act was registered at crime No. 154/14 in police station, Lahar. After due investigation, charge-sheet has been filed before Judicial Magistrate First Class, Lahar.