KHALEK SHAIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision is directed against the order dated 20.04.2000 passed by the ld. Additional Sessions Judge, 6th Court, Alipore in Criminal Motion No. 62 /99 affirming the order of conviction and sentence dated 10.05.99 passed by the ld. Judicial Magistrate 1st Court, Diamond Harbour in Case No. C.80/96 under section 46A(e)(ii) of Bengal Excise Act.

(2.) The miniaturized version of the prosecution is that on 17.01.96 at about 10.30 a.m. the present petitioner was apprehended on Falta Road near Fatehpur market for unlawful possession of 40 litres of i.d. liquor in a polythene jar. He was arrested and the article was seized after observing formalities followed by taking sample in a separate bottle which was forwarded to the chemical examiner. The analysis report is in the positive with the finding that the liquid contained 61.2% alcohol which is of illicit origin. The Government suffered a loss of Rs. 1400/- towards revenue.

(3.) Four witnesses on behalf of the prosecution while five witnesses on behalf of the defence were examined, and after considering the facts, circumstances and materials on record, the ld. Trial Court found the petitioner guilty under section 46A(e)(ii) of Bengal Excise Act, convicted him thereunder and sentenced him to suffer R.I. for three years and to pay fine of Rs. 500/- i.d. to R.I. for one month which was affirmed by the impugned order in the said criminal motion preferred by the petitioner.