RAVI SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With consent of the parties, arguments heard finally.

(2.) In this criminal revision petition, the accused petitioner is challenging the judgment dated 01.07.2010 passed by the Addl. Sessions Judge No.2, Bhilwara in Criminal Appeal No.8/2010, whereby, the learned Addl. Sessions Judge No.2, Bhilwara upheld the conviction and sentence passed vide judgment dated 17.02.2010 by Judl. Magistrate (First Class) No.1, Bhilwara in Criminal Regular Case No.522/2005 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 one year along with fine of Rs. 1,000/-, in default of payment of fine to further undergo 1 month's simple imprisonment.

(3.) As per brief facts of the case, Khushi Ram, Excise Inspector, Circle Bhilwara searched the Moped auto-cycle bearing No.RJ 06 - 5M - 9962 which was driven by petitioner Ravi Shanker and, upon search, illegal liquor was found in a jerrycan being carried by petitioner Ravi Shanker. In the search, 67 bottles of liquor was recovered and that liquor was taken into possession by Excise Inspector and sample of the same was sent to FSL for examination. After investigation, challan was filed against accused Ravi Shanker and Sajaniya, owner of the moped auto-cycle.