RAMCHANDRA Vs. STATE

JUDGEMENT

(1.) THESE are two revision petitions No. 92/58 and93/58 by Ramchandra and Nanda respectively from the judgment of the Sessions Judge of Jaipur City, dated the 25th of April 1958, confirming on appeal the judgment of the Excise Magistrate, Jaipur, by which both the petitioners Ramchandra and Nanda were convicted under sec. 57 of the Rajasthan Excise Act, 1950 (Act No. II of 1950 hereinafter called the Act) and sentenced to two months' rigorous imprisonment each.

(2.) THE prosecution case was that both Ramchandra and Nanda were carrying two plastic bottles of ethyl alcohol containing 20 bottles each and were going from Jaipur to some place outside it at about 9 p. m. on the 10th of September, 1956, when they were suspected by Tolaram and Vijailal and they, therefore, took them from outside Char Darwaza to the Police Station Ramganj, where a search was taken of the persons of both the accused, Ramchandra and Nanda, and two bottles as mentioned above were recovered one from the possession of each. Samples of the contents of both the bottles were taken by the Station House Officer and they were duly sealed and sent to the Chemical Examiner for examination. THE report of the Chemical Examiner was that both the samples contained 50% ethyl alcohol. THE case of the accused was that nothing was recovered from their possession and that Kanhayalal and Tolaram, the prosecution witnesses, put bottles on their heads and caught them in order to implicate them.