PARAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal revision petition, the accused petitioner is challenging the judgment dated 24.06.2010 passed by the Addl. Sessions Judge No.1, Jodhpur in Criminal Appeal No.62/2009, whereby, the learned Addl. Sessions Judge No.1, Jodhpur upheld the conviction and sentence passed vide judgment dated 12.05.2009 by Judl. Magistrate, Jodhpur District, Jodhpur in Criminal Case No.869/1997 whereby the trial Court convicted the accused-petitioner under Section 16/54, Rajasthan Excise Act and sentenced him to undergo simple imprisonment for a term of 6 months along with fine of Rs. 500/-, in default of payment of fine to further undergo 1 month's simple imprisonment.

(2.) As per brief facts of the case, a search was made upon information received by Sub Inspector Indar Singh of Police Station Shastri Nagar, Jodhpur. The search was made at about 10 A.M. on 25.10.1996 at the house of accused Shankar Lal. In the search, 3000 pouch of liquor were recovered and that liquor was taken into possession by Sub Inspector Indar Singh and same in samples was sent to FSL vide Ex.-P/15 for examination. After investigation, challan was filed against both accused Shankar Lal and Paras who were found in possession of the aforesaid liquor at House No415, Subhash Nagar, Milkman Colony, Jodhpur.

(3.) In the trial, vide judgment dated 12.04.1996, both of them were convicted for offence under Section 16/54, Rajasthan Excise Act and they were sentenced to undergo 6 months' imprisonment with fine of Rs. 500/-. Said judgment was challenged by way of appeal to the learned Sessions Judge, Jodhpur and the same was transferred to Addl. Sessions Judge No.2, Jodhpur. The said appeal was decided vide judgment dated 17.09.2007, whereby, the appellate Court while quashing the judgment dated 12.04.2006 remitted the case to the Court of Judl. Magistrate, Jodhpur District, Jodhpur with a direction that the questions with regard to report of FSL may be recorded under Section 313, Cr.P.C., and, thereafter the matter may be decided afresh.