RAMBHAROSA Vs. STATE OF M. P.

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed against the judgment dated 23.2.2012 passed by Sessions Judge, Ashoknagar in Criminal Appeal No.144/2011 by which the judgment and sentence dated 22.7.2011 passed by Chief Judicial Magistrate, Ashoknagar in Criminal Case No.170/2003 has been affirmed. The applicant has been convicted for an offence under Section 34(A) and 49(A) of M.P. Excise Act and has been sentenced to undergo rigorous imprisonment of six months and a fine of Rs.1500/-, with default imprisonment.

(2.) The necessary facts for the disposal of the present revision in short are that, on 3.10.2002 the Excise Sub Inspector received an information from an informer that the applicant is coming on a motorcycle along with the illicit liquor and is going towards Ashoknagar. The Excise Sub Inspector went to the spot and after noticing the police force, the applicant tried to run away after leaving the motorcycle but he was chased and was arrested. On search, the plastic container was found to be containing 10 Litres of liquor with 10.5 (O.P.) which was more than the general liquor and was unfit for human consumption. The liquor was sent for chemical analysis and the report is Ex.P/4 and the letter of the Scientific Officer is Ex.P/5 and after recording the statements of the witnesses, the police filed the charge sheet against the applicant for offence under Sections 34(A) and 49(A) of M.P. Excise Act.

(3.) The Trial Court framed the charges under Sections 34(A) and 49(A) of M.P. Excise Act. The applicant abjured his guilt and pleaded not guilty.