MOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgement of Additional Sessions Judge Sri Ganganagar dated 4-7-1981. Learned Additional Sessions Judge has convicted the accused petitioners Mool Chand and Gurbachan Singh under Section 54-A of the Rajasthan Excise Act and sentenced each of them to undergo one year's rigorous imprisonment and fine of Rs. 2000/-in default they should further go imprisonment for six months.

(2.) THE prosecution case is that one Ramsaran Das who is also a wine contractor received some information that State Country Liquor to be brought in the area of his contract. Thus he went to Excise Inspector and gave that information to him. Excise Inspector Shri Rajeshwar Dayal thereupon arranged a raid and laid an ambush on the Ganganagar-Banwali Road at 1 a. m. on 26-6-1978. That, one car came from Banwali side and when the car came near them, they gave light of Jeep and thereupon the car stopped. From the car Mool Chand ran away and could not be arrested on spot. THEy searched the car and found three bags lying on the back seat of the car which contained 65 bottles of liquor. In the diki of the car there were four bags containing 100 bottles of liquor. Thus, total bottles of liquor found were 165 Car Driver Gurbachan Singh was arrested. Seven samples were taken from seven bags. Samples were sent for chemical examination. A case was registered under section 54-A of the Rajasthan Excise Act. Both accused Moolchand and Gur Bachan Singh were challaned and charge sheeted. THE accused petitioners denied having committed any offence. THE cause was tried by Munsif & Judicial Magistrate, Ganganagar and after examining the prosecution witness, he convicted both the accused petitioners and sentenced each of them to undergo two year's rigorous imprisonment and pay fine of Rs. 2000/-, in default to further undergo six months rigorous imprisonment. Accused petitioners carried the matter before Additional Sessions Judge, Sri Ganganagar. He also found that the offence was committed by these accused petitioners. He sustained the conviction. However, he reduced the sentence and sentenced each of them to undergo one year's rigorous imprisonment and pay fine of Rs. 2000/-, in default to further go six months' rigorous imprisonment. Being aggrieved accused petitioners are before

(3.) LEARNED Public Prosecutor submits that provisions of section 47 of the Rajasthan Excise Act are directory mandatory. Further this question cannot raised before the lower authority. So cannot be raised at this stage.