SEWAN DAS Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by accused Sewandas, who has been convicted by the Special Excise Magistrate First Class, Jaipur, under sec. 54(a) of the Rajasthan Excise Act, 1950, for contravention of the provisions of sec. 19 of the said Act. He was sentenced to one year's R. I. and a fine of Rs. 1000/-. In default of payment of fine, he was further ordered to undergo 6 months' R. I. On appeal, his sentence has been reduced by the learned Sessions Judge, Jaipur City to 6 month's R. I. The sentence of fine has been maintained.

(2.) THE prosecution story in this case was, that on information being received that the petitioner and his son Tulsidas were in possession of illicit liquor, the Deputy Commissioner Excise Sodi Gulab Singh alone with the Inspector Shri Mohanlal raided the house of the petitioner on 2nd of August, 1958, in the presence of two witnesses of that vicinity and it is alleged that 4 tins of illicit liquor were recovered at the instance of Tulsidas and 23 tins were recovered from a cellar (Bukhari) at the instance of the petitioner. All the 27 tins were then seized. THE contents of the tins were sent to the Chief Public Analyst and thereafter the remaining quantity of seized liquor was put under seal. After usual investigation, both Sewandas and Tulsidas were prosecuted. THE trial court convicted both of them but on appeal Tulsidas was acquitted, since the learned Sessions Judge thought that the 4 tins which were said to have been recovered at his instance were also in possession of Sewandas. THE conviction of accused Sewandas was, however, maintained as referred above.