HITESH ARORA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) REVISIONIST Hitesh Arora assailed the judgment dated 16.2.2015 rendered by Ms. Saru Mehta Kaushik, Additional Sessions Judge, SAS Nagar, whereby, the appeal filed by the revisionist was dismissed, holding that the prosecution has been able to establish that the accused was found in possession of 36 bottles and 240 nips of 'Officers Choice' whisky, meant for sale in Chandigarh only, which he was carrying to sell it in Lalru and Ambala and further, that the learned trial Court aptly convicted the accused under Section 61 (1) of the Excise Act, 1914 (in short 'the Act). Even the order of sentence was maintained by learned Additional Sessions Judge, SAS Nagar, keeping in mind the fact that this is a case of heavy recovery of liquor from the accused without any licence.

(2.) SH . J.S. Mehndiratta, Judicial Magistrate Ist Class, Dera Bassi, vide order on sentence dated 16.7.2014, sentenced the accused to undergo simple imprisonment for 6 months and to pay a fine of Rs. 1000/ - with default clause. Fine was deposited by the revisionist.

(3.) AFTER finding a prima facie case against accused for committing offence punishable under Section 61(1) of the Act, he was charge sheeted accordingly.