MANGLA Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition by the accused Mangla and Uda against the judgment of the Sessions Judge of Jaipur District dated the 5th of December 1958 confirming on appeal the judgment of the Special Excise Magistrate, First Class, Jaipur, dated the 25th of July, 1958 by which both the accused Mangla and Uda were convicted under Sec. 54 (a) and 54 (b) and sentenced each to six month's rigorous imprisonment and a fine of Rs. 200/- or in default further rigorous imprisonment for a month and a half and to one mouth's rigorous imprisonment and a fine of Rs. 25/- or in default, one week's further rigorous imprisonment, respectively.

(2.) THE case of the prosecution was that both the accused were caught while distilling illicit wine in the vicinity of Jaipur city near about Charan Mandir at Nahargarh. Pushkar Narayan, Excise Inspector, caught them on the 7th of September, 1957 and he seized a still in which wine was at that time being distilled and some quantity of fermented wash together with some liquor that had been distilled. Ramdas and two Chhotias P. W. 1 and P. W. 2 acted as witnesses of the seizure and of the fact of the accused distilling wine at the time of their arrest. THE samples of the wash and liquor were sent to the Chemical Analyst for chemical examination. THE report of the Chemical Examiner was that the liquor contained ethyl alcohol.

(3.) THE revision fails and is dismissed. THE accused were let off on bail. THEy shall surrender their bails and be sent to jail to undergo the remaining portions of their sentences. THE District Magistrate, Jaipur may be directed to issue warrants for their arrest. .