SUBHASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision is directed against the judgement dated 2.2.2005 passed by learned Sessions Judge, Una in Criminal Appeal No. 11 of 2004 affirming the judgement of conviction dated 30.4.2004 passed by learned Additional Chief Judicial Magistrate, Amb in case No. 254 -1/2002.

(2.) THE facts in brief are that PW 8 Yash Pal ASI and others were on patrol duty near Shiv Mandir, Bharwain when they saw a person coming from Bharwain bazaar at about 5.30 p.m. The police apprehended the said person. On inquiry, he revealed his name Subhash Chand. He was carrying a bag in his left hand, which was searched and four bottles of XXX rum Black Jack were recovered from the bag.

(3.) THE accused was charged for offence, punishable under Section 61(1 )(a) of Punjab Excise Act as applicable to the State of Himachal Pradesh, the petitioner pleaded not guilty and claimed trial. The prosecution has examined eight witnesses and produced some documents. The statement of the petitioner was recorded, under Section 313 Cr.P.C., he denied the prosecution case. He led no evidence in defence. The learned Additional Chief Judicial Magistrate convicted the petitioner and sentenced him vide judgement dated 30.4.2004 to undergo simple imprisonment for three months and to pay a fine of Rs.5000/ - and in default to undergo simple imprisonment for one month under Section 61(1)(a) of Punjab Excise Act as applicable to the State of Himachal Pradesh. The learned Sessions Judge on 2.2.2005 upheld the conviction of the petitioner but modified the sentence by ordering his imprisonment for one month and to pay a fine of Rs.2000/ - and in default of payment of fine, he shall further undergo imprisonment for a week, hence the revision petition.