MAHAVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dtd. 5/7/2023 passed by the learned Additional Sessions Judge No. 1, Nohar, District Hanumangarh (Camp Rawatsar) in Criminal Appeal No. 82/2018, whereby the learned Appellate Court affirmed the judgment of conviction and order of sentence dtd. 15/6/2018 passed by learned Judicial Magistrate, Rawatsar, District Hanumangarh in Criminal Regular Case No. 309/2011; whereby the petitioner has been convicted for the offences under Ss. 19/54 and 54-A of the Rajasthan Excise Act and for each count he has been sentenced to undergo simple imprisonment of 1 year alongwith a fine of Rs.20,000.00 with default sentence of 1 month's simple imprisonment.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 3/11/2010 at 11.00 p.m. on returning to Police Station, Mr. Sundar Lal, ASI submitted a report to the effect that on that day at 8.00 p.m. he alongwith other police personnel departed for patrolling and Nakabandi. At 8.20 p.m. they started conducting Nakabandi at Khoda Chaurha. At 8.30 p.m. they stopped an Esteem Car bearing registration No. UP-32-AK-5811 coming from towards Rawatsar. The driver told his name to be Mahaveer S/o Nandram. On conducting a search of the car, 9 cartons of Haryana manufactured country liquor was found therein and when the driver failed to furnish any licence or permit for keeping in possession the aforesaid liquor, the same was seized after taking samples and the accused was arrested. On the basis of the aforesaid report, FIR No. 442/2010 was registered and after usual investigation, a charge sheet was filed against the accused for the offences under Ss. 19/54 and 54-A of the Rajasthan Excise Act.

(3.) The Learned Magistrate framed charges against the petitioner for the above offences and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 7 witnesses and exhibited 20 documents. The accused, upon being confronted with the prosecution allegations, in his statement under Sec. 313 CrPC, denied the allegations and claimed to be innocent. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted the accused for offences under Ss. 19/54 and 54-A of the Rajasthan Excise Act vide judgment dtd. 15/6/2018. Aggrieved by the judgment of conviction, he preferred an appeal, which was dismissed by the learned appellate court vide judgment dtd. 5/7/2023 affirming the judgment passed by the trial court. Hence, this revision petition is filed before this court.