SHYAMA CHARAN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order of the learned Session Judge, Goalpara dated 16-4-85 passed in Criminal Appeal No. 20(1) 1984. While dismissing the appeal, the learned lower appellate court maintained the conviction of five accused persons, namely, Shyama Charan Roy, Gandhi Mandal Roy, Dhruba Lochan Roy, Shri Naresh Biswas and Bani Prasad, under Section 4 of the Assam Liquor Prohibition Act, 1952, for short, 'the Act' and also the sentence of 3 months' R.I. and a fine of Rs. 500.00 imposed by the learned Chief, Judicial Magistrate, Kokrajhar in C.R. Case No. 1717 of 1978.

(2.) The prosecution story of the case in brief, is that on 29-10-78 at about 7 P. M., the Inspector of Excise, Kokrajhar stopped the Ambassador car bearing registration No. WMD 4130 at Bisniuri chariali and recovered 16 bottles of foreign liquor of foreign brand. The car was coming from Bhutan and it was driven by accused Shyama and other four persons were occupant of the vehicle. The offence report submitted by the Excise Inspector under the heading "points to prove", it was recorded that "illegal possession and transport of Bhutan made foreign liquor". Prosecution examined the inspector as P.W. 1 and one seizure witness, P.W. 2 who stated that he signed the seizure list, exhibit 1, though it was not read, over to him Accused persons pleaded not guilty.

(3.) Heard Mr. D.C. Mahanta, learned counsel for the petitioner and Mr. C.R. De, learned Public Prosecutor.