TEHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This revision petition has been filed against the order dated 28th February, 1996 passed by the learned Additional Sessions Judge No.2, Sri Ganganagar (for short the appellate court hereinafter) in Cr. Appeal No.62/1995 whereby the appellate court has partly allowed the appeal of the accused-appellant filed against the judgment & order dated 13.3.1995 passed by the Judicial Magistrate First Class No.2, Sri Ganganagar (for short the trial court hereinafter) in Original Cr. Case No. 267 of 1987, State v. Tehal Singh , whereby the accused-petitioner was convicted for offence under section 54(A) of the Rajasthan Excise Act (for short the Act hereinafter) and sentenced to 1 years simple imprisonment and fine of Rs. 250/-, in default of payment whereof to further undergo for 15 days simple imprisonment.

(3.) Brief facts of the case are that an FIR was lodged on 27.4.1986 by Ram Singh - ASi, PS, Hindumalkot alleging therein that on that day, he along with other police personnel went for patrolling. At about 9:00 pm, accused-petitioner came on cycle; there was a gunny bag on the cycle, wherein a tube was lying, from where 60 bottles of illicit liquor were recovered. The accused-petitioner, at the time of seizing of illicit liquor, did not have any licence to keep such liquor with him. He was arrested. Sample from the seized illicit liquor weighing 250 gms. and the said tube were taken and sealed.