MAKHAN CHANDRA SEN Vs. STATE,

JUDGEMENT

(1.) ONE Makhan Chandra Sen, the accused in C. R. case 476 of 63 on the file of 1st Class Magistrate, Sadar is the revision petitioner. He is convicted by the trial court under Section 46(a) of the Bengal Excise Act and sentenced to pay a fine of Rs. 100/ - in default to undergo rigorous imprisonment for 15 days. His appeal 96 of 1963 was dismissed by the Addl. Sessions Judge, Tripura confirming the conviction and sentence passed by the trial court.

(2.) BRIEFLY stated, the case of the prosecution is that at about 8 p.m. on 20th August, 1963, the accused Makhan Chandra Sen was found coming towards his shop on a cycle carrying two packets covered with gunny bags. Kalidas Deb Barma, the Inspector of Excise, who along with his excise guard was keeping watch on the Maharajganj Bazar Road, stopped the accused. Thereupon the accused attempted to destroy the articles which he was carrying and had actually broken one bottle alleged to contain liquor. The Excise Inspector (P.W. 1) seized the gunny bag and found therein two bottles and on examination he found the bottles to contain 1.300 M. L. and 1.500 M. L. of illicit liquor. In the presence of witnesses, P.W. 1 recovered the two bottles, the gunny bags, the broken bottle and the cycle under Ext. P -1. As the accused failed to produce a licence for carrying the liquor he was arrested and subsequently prosecuted for an offence punishable under Section 46(a) of the Bengal Excise Act. In support of the prosecution case, 4 witnesses are examined of whom P.W. 1 is the Excise Inspector. P.Ws. 2 and 3 are the Jamadar and guard in the Excise Department while P.W. 4 is one Kamini Debnath, a person dealing in fuel. The accused pleaded that the prosecution case is false and that he has not committed any offence. The learned trial Magistrate finding that there is nothing to disbelieve the prosecution case and that the evidence of the prosecution witness remained unimpeached, found the accused guilty for an offence punishable under Section 46(a) of the Bengal Excise Act for carrying contraband liquor without a licence and sentenced him to pay fine of Rs. 100/ - in default to undergo R.I. for 15 days. Observing that the cycle is liable for confiscation under Section 63 of the Bengal Excise Act, the learned Magistrate ordered the same to be returned to the accused on payment of further fine of Rs. 50/ -. On appeal, the learned Addl. Sessions Judge by his Judgement dated 30.11.1966 confirmed the conviction and sentence passed by the trial court. Hence the accused has come up to this court in revision.

(3.) AS Shri N.N. Dasgupta, Advocate who filed this criminal revision petition had died and as the accused had not engaged any other Advocate, on 21st October, 1970 a notice was issued to the accused that his revision petition would be taken up for hearing on 6th November, 1970. The said notice was served on the accused on 27.10.1970, but he has not chosen to take any steps to engage any lawyer nor has he appeared in this court to argue his case in person. However, the learned Govt. Advocate has taken me through the records and advanced arguments.