STATE Vs. WARYAM CHAND

JUDGEMENT

(1.) THIS appeal is directed against the order of reversal passed by the learned Sessions Judge, Jammu, dated 25 -3 -1976, whereby the order of conviction and sentence recorded against the respondents "here -in -after referred to as the accused", by the Special Excise Magistrate, Jammu, by his order dated 5 -11 -1975 has been set aside and by virtue of which order, the accused were convicted for an offence under Section 48 Excise Act and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs.800/ - each, in default of payment of fine, each of them had to undergo further rigorous imprisonment of five months.

(2.) AGGRIEVED of the said order of acquittal, the State has come up in appeal on the ground that the order of acquittal passed by the appellate court was against law and facts of the case. It was contended that after the accused pleaded guilty before the trial Magistrate and were convicted on such a plea, no appeal shall lie against such an order, unless the order passed by the trial Magistrate was erroneous and legally wrong.

(3.) BRIEFLY , the prosecution story states that on 18.10.1975 the concerned police on receiving an information that the illicit liquor was being manufactured by the accused, conducted a raid and seized the working still, including one drum full of lahan and one tin containing the illicit liquor from their possession. A little quantity of the alleged illicit liquor was rent for chemical examination, and the rest was destroyed. On completion of the investigation, a challan was filed before the Special Excise Mobile Magistrate, Jammu, on 5 -11 -1975, and, on the confession of the accused, were convicted and sentenced as mentioned above.