DINESH LAMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgement and order dated 15.05.2006 passed by the learned Additional District and Sessions Judge, 3rd Court, Darjeeling in Criminal Appeal No. 2 of 2005 wherein the learned appellate court was pleased to maintain the finding of guilt but converted the conviction from Section 46A(c) to Section 46(b) of the Bengal Excise Act, 1909. The learned appellate court also affirmed the sentence so imposed by the learned Chief Judicial Magistrate, Darjeeling in connection with C.R. Case No. 17 of 2002, wherein the learned court was pleased to impose sentence of R.I. for six months and to pay fine of Rs.2,000/- in default to undergo further R.I. for one month.

(2.) The prosecution case in short is that on or about 26.10.2002, the Officer- in-Charge of Jorebunglow P.S. along with other police personnel went to Third Mile on patrol duty at about 22.55 hours. A jeep bearing No. SK-041241 was intercepted while it was proceeding towards Darjeeling. After the said vehicle was detained a search was conducted and 35 cartoons of (HIT) beer of Sikkim made were recovered. The present petitioners were there in the jeep. On demand of police officers, the petitioners failed to produce any valid document in support of the possession of the said liquor. The said liquor along with the jeep were seized and taken to Jorebunglow P.S. along with the petitioners (accused persons). Subsequently the raiding team handed over the case to the Excise Department.

(3.) One Pravash Ch. Bala, Officer-in-Charge of Excise Sadar Circle Darjeeling submitted a prosecution report against the petitioners/accused persons for unlawful possession of non-duty paid Sikkim made (HIT) beer in contravention of Section 18(i) which is punishable under Section 46 (A) for transport, import and sale of the same. It is found from the said report by the Investigating Officer that the loss of government revenue was to the tune of Rs.25,000/-.