SUNIL TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is for impugning the judgment dated 23.1 1.2001 passed by the Second Additional Sessions Judge, Bhind in Criminal Appeal No. 93/01 affirming the judgment of conviction dated 19th October, 2001 passed by the Chief Judicial Magistrate, Bhind in criminal case No. 815/01, whereby the petitioner has been convicted for the offence punishable under section 34 (2) of the Excise Act imposing one year's rigorous imprisonment alongwith fine of Rs. 25,000/-.

(2.) THE facts in brief are that on 13th August, 2001, 288 quarters of whiskey were recovered from the possession of petitioner. On prosecution, he has been convicted as aforesaid.

(3.) SHRI Irshad for the respondent/State has drawn attention at paragraphs from 9 to 12 of the impugned judgment and has submitted that the observation of the Court below in these paragraphs is justified.