SHRI SUDHIR MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) On 7.7. 1980 the revision petitioner was found in possession of 6 (six) bottles of India made foreign liquor which were duly seized by PW 1, Assistant Inspector of Excise in the presence of PWs 2 and 3. Exhibit 1 is the seizure list. In due course a report was submitted to the Court for an offence under section 4 of the Assam Liquor Prohibition Act, 1952 (for short 'the Act';. The revision petitioner pleaded not guilty and stated that the bottles were found in a bag in the hotel and not from his custody. The trial Court convicted and sentenced him to undergo rigorous imprisonment for three months and to pay a tine of Rs. 100.00, and in default, to undergo rigorous imprisonment for fifteen days. The appellate Court confirmed the conviction and sentence. Hence this revision.

(2.) Sec. 3 of the Act states, inter alia, that no person shall possess liquor. 'Liquor' is defined in section 2 (3) of the Act thus :

(3.) The only point urged by the learned counsel for the revision petitioner is that there is no legal or acceptable evidence to show that the contents of the bottles allegedly seized from the revision petitioner contend any intoxicating liquor or liquor containing more than 5 per cent alcohol. Learned counsel placing reliance on an unreported decision of this Court in Criminal Revision No. 82 of 1979 contended that without the Chemical Analyst's report, conviction could not have been entered.