(1.) BABU Ram -petitioner was convicted under Sections 61 of the Excise Act (hereinafter referred to as "the Act") vide judgment dated 10.9.2001 passed by Judicial Magistrate Ist Class, Ambala City. Vide order dated 11.9.2001 passed by learned Judicial Magistrate Ist Class, Ambala City, the petitioner was sentenced to undergo rigorous imprisonment for a period of six months and a fine of Rs. 5000/ - for offence under Section 61 of the Act. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 12.7.2002 by the Additional Sessions Judge(I), Ambala City. Hence, the present revision petition.
(2.) THE case of the prosecution, as noticed by the Appellate Court in para No. 2 of its judgment, is reproduced herein below:
(3.) LEARNED Counsel for the petitioner has placed reliance on Sultan Singh v. State of Punjab, 2004 (4) RCR (Criminal) 328 and Paul George v. State of NCT of Delhi (SC), 2008 (2) RCR (Criminal) 478.