ROHLUMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India read with Section 482 CrPC the petitioner assailed the order of conviction dated 30.8.2001 passed by the learned Court of Magistrate 1 st Class, Aizawl District, Aizawl in Criminal Trial (Ex) No. 174 of 2001 under Section 8(1) of MLTP Act, 1995 and also the revision order dated 13.9.2001 passed by the learned Court of Additional District Magistrate (J), Aizawl in Criminal Revision No. 47 of 2001.

(2.) Briefly, the petitioner was apprehended by the Excise personnel on 23.2.2001 at about 6.30 p.m. from his residence with sixteen polythene packs of rakzu (country- made liquor) having no permission for possessing the same. Prosecution was launched. The learned Magistrate vide order dated 12.3.2001 framed charge against the accused-petitioner who pleaded guilty. The learned Magistrate instead of recording- conviction on that day itself, allowed the petitioner to be released on bail fixing 26.3.2001 for examination of the accused- petitioner under Section 313 CrPC. The copy of the order sheet dated 12.3.2001 is reproduced below:-

(3.) On 30.8.2001, the learned Magistrate recorded the conviction of the petitioner under Section 8( 1) of MLTP Act and sentenced him to suffer S.I. for three months and to pay a fine of Rs. 1,000/- in default further S.I. for ten days. The accused-petitioner preferred a revision which was dismissed on 13.9.2001. Hence the present petition.