BACHAYA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Bacbaya Khan was tried for the offence under Section 4(2) of the Rajastban Prohibition Act, 1969 by the Chief Judicial Magistrate Jaisalmer and by his judgment dated 21 -7 -1977 held guilty for the charge and sentenced to six months'simple imprisonment and a fine of Rs. 300/ -, in default to undergo three months' simple imprisonment.

(2.) BEING aggrieved by his conviction and sentence petitioner filed an appeal. The learned Additional Sessions Judge No. 1, Jodhpur (camp Jaisalmer) by the judgment dated 15 -4 -1978 upheld his conviction and affirmed the sentence passed by the trial Magistrate. It is in grievance of the appellate court's judgment that the petitioner has invoked the revisional jurisdiction of this Court.

(3.) THE allegations against the petitioner are that on 13 -7 -75 he was carrying 8 bettles of illiet liquor in a jericance. On a telephonic information by constable Bheem Singh (P.W.3) to effect that Baehaya Khan would be passing the way with illicit liquor, Jawan Singh, Station House Officer, Police Station, Jaisalmer directed Bheem Singh (P.W. 3), Ishwar Singh (P.W 2) Bhanwar Singh, and Deep Singh constables and Seshkaran Head Constable of Police (P.W.I) to arrange a raid and apprehend the suspected person When those persons reached hear Talariya Pada at culvert of he road, Bheem Singh (P.W 3) pointed at Bachaya Khan, who was having a jericane on his back at the time. On search the jericane was found to contain 8 bottles of illicit liquor. One bottle out of it was taken as a sample and sealed separately The jericane was also sealed. The petitioner was arrested and along with the seized articles and the memos were prepared at the site and the first information report scribed by Seshkaran (P.W 1) was presented before the Station House Officer, Police Station, Jaisalmer Sesbkaran (P.W 1) was entrusted with the investigation. Upoo completion of necessary investigation charge sheet against the petitioner was filed in the Court of the Chief Judicial Magistrate, Jaisalmer. The learned Magistrate proceeded with the trial finding the guilt against the petitioner duly established passed the judgment of conviction as stated above As observed earlier the petitioner filed an appeal, but did not succeed.