HARESWAR BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision is from the judgment dated 31/1/1987 of Sri B.N. Sarma, Sessions Judge, Guwahati, in Criminal Appeal No. 6 (K -3)/86 upholding the judgment of conviction u/s 4 of the Assam Liquor Prohibition Act, 1952, hereinafter the Act and sentence to RI for 3months and fine of Rs. 200/-, in default to RI for one month, passed by Shri K.C. Gogoi, Judicial Magistrate, Guwahati, in Case No. 750/85 on 30.8.1986.

(2.) The facts of the case: On 16.2.1985 the Inspector of Excise with one constable seized 5 litres of distilled liquor in a jar and 420 litres of formented pachwai from the house of the petitioner at Noonmati. After more than a month the seized liquor was produced before the Chief Judicial Magistrate (CJM), Guwahati, on 22.3.1985 and on that day the C.J.M. recorded this order in the order sheet. Seen the prayer of TIE, Gauhati. Allowed take sample of lID liquor for chemical examination in presence of Sri SM... Magistrate (1), Gauhati. In compliance with this order, the liquor was produced before the Magistrate (1) on 25.3.1985, who also recorded this order in the same page of the order sheet: Seized exhibits are produced before me and found seal in test. Sample of l/D liquor taken in my presence and rest quantity destroyed. Then the sample was sent to chemical examiner who, after examination sent a report stating that it was alcoholic liquor. After this the Inspector of Excise filed a case in the court.

(3.) In the trial the prosecution examined only 2 P.Ws, namely, (1) Sri Biseswar Kataki, Excise Inspector (complainant) and (2) Sri Bakiram Das, the excise Constable with whom he (Inspector) seized the liquor in a jar on 16.2.1985. They exhibited the report from chemical examiner (Ext 13). On evidence both the courts have convicted the petitioner and sentenced as aforesaid.