MANOJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision, the petitioner-convict is challenging the judgment dtd. 4/2/2021 passed by the learned Sessions Judge, Banswara whereby, the learned Judge partly dismissed the appeal filed by the petitioner and upheld the the conviction and sentence passed by learned Additional Chief Judicial Magistrate, Kushalgarh, Banswara , as under:-

(2.) Briefly stated, the prosecution case as set up is that on 1/7/2010, on the basis of secret information, the team of Excise Prevention team conducted checking of vehicles. One jeep coming from Bhagatpura side, was signalled to stop. The driver of the jeep stopped the vehicle but ran away leaving the jeep. However, the Constable and other motbir witnesses identified the person as Manoj @ Happy. The vehicle was searched by the team and 57 cartons containing 48 quarters of Royal Star whiskey was found. The cartons were marked as "For sale in Deev". A seizure memo was prepared and investigation commenced.

(3.) On completion of investigation, a charge-sheet was filed against the present petitioner. Thereafter, charges of the case were framed against the petitioner for offence under Ss. 19/54, 14/54, 19/54(A) of Rajasthan Excise Act. He denied the charges and claimed trial.