PRABHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application in revision filed by Prabhu convict from Jail against the judgement of the Sessions Judge, Sikar, dated Oct. 25, 1980, by which his appeal against his conviction and sentence under sections 54(a) and (d) of the Rajasthan Excise Act, 1950 hereinafter referred to as the Act, was dismissed. It will not be out of place to mention that Prabhu, applicant, was tried by the Munsiff and Judicial Magistrate, Sikar, for offences punishable under sections 54(a) and (d) of the Act and was found gunty thereof. The learned Magistrate after convicting him for the aforesaid offences awarded to him sentences of rigorous imprisonment for six months and a fine of Rs. 200.00 in default of payment of tine to further suffer simple imprisonment for two months.

(2.) The prosecution case against the applicant-was as follows:-

(3.) On May 13, 1972, Dalpat Singh, Excise Officer, Excise Preventive Force upon receiving a credible information regarding manufacturing of illicit wine, reached village Shyamgarh along with his party and after taking Motbirs with him went to the house of Prabhu, applicant, who was, at that time, seen manufacturing illicit liquor on a working still, Dalpat Singh saw fermented wash and, earthen container and took illicit wine also from the brass pot, i.e. Pipa Bhatti, Nal rubber, iron bucket etc. from the spot and sealed them in the presence of Motbirs, He then arrested the applicant and, later on, sent the samples of fermented wash and illicit wine to the Chemical Examiner for analysis. The Chemical Examiner analysed the samples and sent a report that the samples of fermented wash and the wine sent to him were of the strength different from the strength prescribed by the State Government for the wash and the liquor. Upon receipt of the report, Dalpat Singh collected other necessary evidence in the case and, eventually, submitted a charge-sheet against Prabhu, applicant, under sections 54(a) and (d) of the Act in the court of the Munsiff and Judicial Magistrate, Sikar. The learned Magistrate after completion of the trial of the applicant for the said offences convicted ana sentenced him. in the manner stated above. Aggrieved by his conviction and sentences, the applicant preferred an appeal in the court of the Sessions Judge, Sikar, who dismissed the appeal and confirmed his conviction and sentence The applicant has challenged his conviction and sentence by way of this revision application through jail. As the applicant was in jail and could not engage any lawyer, Shri J.K. Dhingra was appointed as amicus curiae to argue the revision application in this court. The revision application was admitted by this Court on Jan. 16, 1981 and the applicant's sentence was suspended upon his furnishing a bail bond in the sum of Rs. 2,000.00 together with one surety in the like amount to the satisfaction of the trial court for his appearance in this Court.