VASUDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Judicial Magistrate, Abu Road on June 26, 1976 convicted the accused-petitioner under clause (b) of sub section (1) of S. 66 of the Bombay Prohibition Act (for short 'the Act hereinafter) and sentenced him to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000.00 and in default of payment of fine to further suffer one months rigorous imprisonment. The learned Additional Sessions Judge, Sirohi affirmed the conviction and sentence awarded to the accused-petitioner. Hence this revision,

(2.) I have heard Mr. S.R. Singhvi, learned counsel for the accused-petitioner and Dr. S.S. Bhandawat, Public Prosecutor for the State and have also gone through the record of the case.

(3.) Madansingh (PW. 3) was posted as Excise Inspector, Abu Road on May 9,1973. On the day, he alongwith Jamadar Girdhari Singh (PW. 4) and others had gone to Patrolling duties to Mount Abu. There, an information was received by him that the accused had taken a shop on rent from Delwada Temple Board and was dealing in illicit liquor. He recorded his reasons as required under the law in Ex.P. 4. He went there and took search of the room, the key of which was with the accused-petitioner. It was noticed that in a plastic tin, there was about 5 litres of illicit liquor and two bottles of country liquor (Gulab). Samples were taken and they were sent to the chemical Examiner. The Chemical Examiner vide his report (Ex. p. 6) found that the sample of liquor contained 64.76 per cent under proof ethyl Alcohol and 54.08 percent under proof ethyl Alcohol. The accused was prosecuted. The plea of the accused was of a bare denial. He denied the recovery of the liquor from his possession. The accused examined one witness in defence. The learned Munsif convicted and sentenced the accused as aforsesaid. The accused lodged an appeal. The learned Additional Sessions Judge affirming the conviction and sentence rejected the appeal.