MURLIDHAR Vs. STATE OF M P

JUDGEMENT

(1.) This is a criminal revision filed under Section 397/401 of the Criminal Procedure Code challenging the legality of the conviction of the present applicant under Section 49(A)(1)(A) of the M.P. Excise Act and order of sentence of one year rigorous imprisonment and fine of Rs. 500/-.

(2.) The case of the prosecution is that on 10.12.96 when Excise Inspector Vidyaprakash Tiwari (P.W.3) along with his subordinate staff was taking a round of the area then he found present applicant coming with a plastic cane. When he was checked, it was found that cane was containing some liquor. That substance was seized by the Excise Inspector and was examined. Sample of the liquor was also sent for chemical examination to forensic science laboratory, Sagar. The report received from that laboratory mentions that the liquor contained in the cane is unfit for human consumption. Then the applicant was prosecuted. He was tried by learned Magistrate for the offence punishable under Section 49(A) (1)(A) of the M.P. Excise Act and was found guilty and then convicted and sentenced as aforesaid.

(3.) The learned counsel for the applicant raised only one point in this Criminal revision. He submitted that as per the case of prosecution the sample of alleged material was collected by Excise Inspector on 10.12.96 and the same was sent for chemical examination on 14.1.97. It has been submitted that as per the report of chemical examination it was received in laboratory on 21.1.97. Learned counsel submitted that there is nothing on record to show that the sample was stored in some safe place and was remained intact during the period of one month. It has also been argued that seizure memo Exhibit P/4 does not contain any details of the seal, as to what type of seal was used, for sealing the sample and there is no sealing impression on this seizure memo.