GOPAL PRASAD KALOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 15-7-93 passed by the learned Additional Sessions Judge, Dhubri in Criminal Appeal No. 3(1) of 1993 affirming the conviction and sentences passed by the learned CJM in CR Case No. 832 of 1989 convicting the accused petitioner under S. 4 of the Assam Liquor Prohibition Act and sentencing him thereunder to 3 months' simple imprisonment and also to pay a fine of Rs. 100/- and in default to further 15 days' simple imprisonment.

(2.) I have heard Mr. N. Choudhury, learned counsel for the petitioner, and Mr. D. Saikia, learned PP. Assam, I have also considered the records of the case.

(3.) The prosecution case in brief is that on 25-9-87 at about 9 a.m. Shri N. Ahmed Inspector of Excise, Dhubri had been to Sapatgram bazar to carry out excise raid. At Sapatgram bazar, he searched the dwelling house of the accused petitioner and recovered about 5 liters of cholai liquor contained in a plastic jaricane therefrom. He seized the liquor in presence of witnesses and took a sample from the seized liquor in a separate bottle which he got examined by the Chemical Examiner, Assam who opined that the sample to be alcoholic liquor having alcoholic strength of 9.57% v/v. During the trial learned Magistrate examined 3 witnesses, all the departmental personnel. After considering the evidence on record and after hearing the learned counsel for the parties, the learned Magistrate convicted and sentenced the accused petitioner as stated above. Being aggrieved, the accused petitioner preferred an appeal before the learned Sessions Judge. By the impugned order dated 15-7-93 the learned Sessions Judge dismissed the appeal and confirmed the conviction and sentences passed by the learned Magistrate. Hence, this revision before this Court.