SHAMBHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dtd. 10/5/2005 passed by the learned Additional Sessions Judge, No. 1, Chittorgarh in Criminal appeal No. 17/2005, whereby the learned Appellate Court affirmed the judgment dtd. 10/3/2005 passed by the learned Judicial Magistrate, Chittorgarh in Criminal Regular Case No. 777/2003, whereby the petitioners have been convicted for the offence under Sec. 16/54 of the Rajasthan Excise Act and sentenced to undergo 6 months' simple imprisonment alongwith a fine of Rs.1,000.00 and in default of payment of fine, further to undergo simple imprisonment of one month.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that the Excise Inspector submitted a charge-sheet in the competent Court to the effect that on 23/8/1997, 225 bottles of illicit liquor were recovered from the joint possession of the petitioners and one Premchand from Village Mataji Ki Pandoli. The liquor was seized and samples were sent for analysis to Excise Laboratory, Udaipur and after receiving a report therefrom, the offence under Sec. 16/54 of the Rajasthan Excise Act was found proved against the petitioners.

(3.) The Learned Magistrate framed charge against the petitioners for the above offence and upon denial of guilt by them, commenced the trial. After full- fledged trial, the petitioners were convicted and sentence for the offence under Sec. 16/54 of the Rajasthan Excise Act vide judgment dtd. 10/3/2005. The appeal preferred against the said judgment came to be dismissed vide judgment dtd. 10/5/2005. Hence, this revision petition is filed before this Court.