STATE Vs. THAKUR NARAYAN SINGH

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Jhunjhunu dated the 31st of October, 1958.

(2.) THAKUR Narayan Singh was convicted under sec. 54 (c) of the Rajasthan Excise Act by the court of the Sub Divisional Magistrate, Jhunjhunu. He was sentenced to six months' rigorous imprisonment and a fine of Rs. 50/-, or in default one month's further rigorous imprisonment. The accused went in appeal to the court of the Sessions Judge and the State also filed a revision petition for enhancement of sentence. The learned Sessions Judge, after examining all the points raised by the accused in his appeal, concurred with the finding of the trial court that it was proved beyond any manner of doubt that the accused Narayan Singh was distilling liquor at the time the said premises were raided by the officials of the Excise Department. A workable still was also taken possession of from him by the Excise Department and a certain quantity of illicit liquor that bad been manufactured by the accused with the help of the said still were taken possession of by the officers of the Department. The Excise Department prosecuted Narayan Singh under sec. 54(c) and he was convicted and sentenced as noted above. A notice was issued to Narayan Singh to show cause why his sentence be not enhanced. That notice was served upon him personally. No one has appeared on his behalf in response to the said notice.