STATE Vs. MANAKLAL

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge of Udaipur for enhancement of the sentence passed on Manaklal of Kurawar.

(2.) THE facts are that Manaklal was prosecuted for an offence under sec. 54 (a) of the Rajasthan Excise Act (No. II) of 1950. THE trial was conducted as if it was a summons case, and the Magistrate eventually sentenced the accused Manaklal to a fine of Rs. 51/ -. THEreupon, there was a revision by the State to the Sessions Judge for enhancement of the sentence, and the Sessions Judge has recommended by this reference that the sentence should be enhanced, and certain utensils, which were recovered, should be confiscated. Manaklal, opposite party, has not appeared before us. THE learned Assistant Government Advocate urges that there has been an illegality in the mode of trial in this case, and, therefore, the conviction should be quashed and the case be sent back for re-trial according to the procedure provided by the Code of Criminal Procedure.