MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) VIDE order dated 22.01.2003 instant revision petition has been admitted only to the extent of propriety of sentence and on account thereof is confined to that extent only.

(2.) PETITIONERS , Meena Devi, Jai Prakash @ Jai Prakash Prasad, Ambika Rai have been found guilty for an offence punishable under Section 47(a) of the Excise Act by Sri Daya Shankar Mishra, Judicial Magistrate, 1st Class, Saran at Chapra in G.R. No.161 of 1998 vide judgment dated 01.08.2001 as well as having sentenced each of them to undergo R.I. for two years as well as also each of them were fined for Rs.1000/ - in default thereof to undergo R.I. for three months which found affirmed vide judgment dated 09 -12 -2002 passed by IXth Additional Sessions Judge, Saran at Chapra in Cr. Appeal No.89 of 2001 / 09 of 2002.

(3.) KAMLESH Prasad Singh (PW -4), S.I. along with other police personnel conducted raid and during course thereof, these three petitioners were found engaged in selling country made wine. During course thereof 60 litres were seized from the possession of Meena Devi while 35 litres from possession of Jai Prakash and 40 litres from Ambika Rai as well. Five witnesses have been examined on behalf of petitioner in support of its case but during course of appreciation of the same, it is found that both the seizure list witnesses Shankar and Ashok have not been examined and in likewise manner the seized articles were not examined by the excise officials so that it could conclusively be held that the seized article happens to be spurious wine. Apart from this, there happens to be also absence of information with regard to compliance of Section 82 of the Excise Act. In the background of aforesaid deficiencies it looks better to modify the sentence so inflicted by successive courts below already undergone.