BABU SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal second appeal is directed against the order dated 21 -7 -1969 of the Learned Sessions Judge, Jammu whereby he affirmed the order dated 18 -11 -1968 of the Special Excise Mobile Magistrate, Jammu, convicting the accused appellent under Section 48 of the Excise Act and sentencing him to six months rigorous imprisonment and a fine of Rs. 100/ - thereunder.

(2.) THE facts giving rise to this appeal are.

(3.) ON the evening of 9th June 1965 while the Excise Raiding Party headed by Shri Des Raj Inspector Excise City, Jammu, was on a round, it noticed the appellant going on an unbeaten path from Palowra side towards Sangalwalla Canal bridge. Fhe suspicion of the Excise Party having been aroused, it challenged the accused, searched his bag and recovered a rubber bladder containing one gallon of liquid believing it to be illicitly distilled country liquor. The accused was, thereafter produced before the Sub Judge. Magistrate, Jammu who ordered the retention of one bottle of the seized article as a specimen and destruction of the remainder. The bottle was sealed by the Magistrate and the seal was also retained by him. The accused was after the usual investigation proceeded against in the court of the Special Magistrate, Jammu, under Section 48 of the Excise Act who convicted and sentenced him as seated above.