SAJJAN SINGH Vs. STATE OF RAJASTAHN

JUDGEMENT

(1.) The petitioner was convicted for the offences under Ss. 19/54 and 54A of the Rajasthan Excise Act vide judgment dtd. 7/3/2019 passed by the learned Additional Chief Metropolitan Magistrate, No. 2, Jodhpur Metropolitan in Criminal Original Case No. 1290/2009 and sentenced to undergo rigorous imprisonment of 3 years alongwith a fine of Rs.8,00,000.00 with default sentence of 6 months' rigorous imprisonment for each count. The said judgment was challenged by the petitioner by way of filing an appeal bearing No. 186/2019, which has been partly allowed by the learned Additional Sessions Judge No. 4, Jodhpur Metropolitan vide judgment dtd. 18/5/2023, whereby while upholding the conviction and sentence for the offence under Sec. 19/54 of the Rajasthan Excise Act, the petitioner was acquitted from the offence under Sec. 54-A of the Excise Act.

(2.) Briefly stated, the facts of the case are that on 2/2/2009, at 2.00 a.m., Mr. Narendra Singh Shekhawat, Assistant Director Enforcement, Excise Enforcement Station Rural, Jodhpur with other personnel, conducted a Nakabandi at Sarhad Lohawas , Main Road Ramasani. At 2.50 a.m. they tried to intercept a Tata 207 bearing Registration No. RJ-22-GA-1773, but the driver tried to flee away. The vehicle was intercepted at 3.00 a.m. on the main road outside Village Lolawas. The three persons, who were present in the vehicle, ran away taking advantage of darkness. Deep Singh and ADE recognized the present petitioner, but could not identify the other two persons. Upon search of the vehicle being conducted, huge quantity of illicit liquor was found loaded therein. The aforesaid liquor was seized and CR No. 62/2009 for the offences under Ss. 19/54 and 54A of the Rajasthan Excise Act was registered. After usual investigation, charge-sheet came to be submitted against the petitioner under Ss. 19/54 and 54A of the Rajasthan Excise Act.

(3.) The Learned Magistrate framed charges against the petitioner for the above offences and upon denial of guilt by the accused, commenced the trial. During the course of trial, as many as 6 witnesses were examined and 19 documents were exhibited. Thereafter, an explanation was sought from the accused-petitioner under Sec. 313 Cr.P.C. and then, after hearing the learned Counsel for the accused petitioner and meticulous appreciation of the evidence, learned Trial Judge convicted the accused for offences under Ss. 19/54 and 54A of the Rajasthan Excise Act vide judgment dtd. 7/3/2019. Aggrieved by the judgment of conviction, he preferred an appeal, which was partly allowed vide judgment dtd. 18/5/2023 in the manner stated above. Hence, this revision petition is filed before this Court.