JASVINDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) In this revision petition filed under Sections 497/401, Crimial P.C., the petitioner is challenging judgment dated 08.08.2008 passed by Addl. Sessions Judge, Raisinghnagar (District Sriganganagar) in Criminal Appeal No.16/2005 by which the appellate Court dismissed the appeal and confirmed the judgment dated 11.03.2005 passed by Judl. Magistrate (First Class), Srivijaynagar in Criminal Original Case No.54/2000, in which, the Magistrate convicted the petitioner for committing offence under Sec. 19/54, Rajasthan Excise Act and passed sentence against him for a term of 4 months' rigorous imprisonment with fine of Rs. 500.00 and, in default of payment of fine, to further undergo one month's rigorous imprisonment.

(3.) As per facts of the case, the police recovered illicit liquor from the petitioner when he was selling liquor at nearby area of Rohi 38 GB and, after usual investigation, challan was filed against the petitioner under Sec. 19/54, Excise Act before the trial Court, in which, it is alleged that 184 pouch of country made liquor was recovered from the petitioner for which he was not possessing any licence. At the trial, the prosecution proved its case beyond reasonable doubt, therefore, the trial Court convicted the petitioner for offence under Sec. 54, Rajasthan Excise Act and passed order of sentence of 4 months' R.I. against the petitioner along with fine of Rs. 500.00. Said judgment/order was delivered on 11.03.2005 and after passing the said judgment, in appeal, the appellate Court while accepting the finding of the trial Court dismissed the appeal filed by the petitioner.