CHIRANJI LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) -This is a application in revision filed by Shri Chiranji Lal, Petitioner, against the Judgment of the Sessions Judge. Churu, dated 12. 9.78 by which the judgment of the Munsif & Judicial Magistrate, Rajgarh (Churu) convicting the Petitioner under section 4(2) of the Rajasthan Prohibition Act and sentencing him to six months simple imprisonment and to pay a fine of Rs. 300.00 in default of payment of fine to undergo further simple imprisonment of one month was upheld.

(2.) The prosecution case against the petitioner was that on 11-1-1977 Shri Noor Mohammed (P.W. 2) A. S. I., In charge, Police Station Rajgarh (Churu) received a credible information at 6 p. m. that the petitioner had been in possession of illicit liquor and had been selling it to others. Upon receiving aforesaid information, Shri Noor Mohammed, A.S.I. rushed to the locality in which petitioner resided and found that the petitioner was giving one bottle of illicit liquor to a person. That person ran away from there at the sight of the A. S. I., and the petitioner put the bottle of illicit wine under his tehmat which he was wearing at that time. Noor Mohammed A. S. I. searched the person of the petitioner and took out the bottle of illicit liquor, which the petitioner was hiding in his tehmat. The liquor in the bottle upon smelling was found to be Deshi-illicit wine. As the district Churu was declared to be a dry area, the petitioner could not legally keep illicit wine in his possession, Noor Mohammed took a sample of that illicit wine in the bottle and scaled it properly at the spot. The said sample was sent to the State Forensic Science Laboratory, Jaipur, in a sealed condition for analysis. On chemical examination, the Director of the Laboratory found that the liquid sample sent to him containing in a bottle was found to be of liquor having 76.01 under proof Ethyl Alchol. The report of the Director is Ex. p-4 on the record. Noor Mohammed A.S.I. got a criminal case registered against the petitioner in police station Rajgarh (Churu). After usual investigation into the matter a charge sheet was submitted against the petitioner under section 4(2) of the Prohibition Act in the Court of Mum if & Judicial Magistrate, Rajgarh Churu). The Learned Judicial Magistrate found the petitioner guilty of the aforesaid offence and accordingly, convicted and sentenced him in the manner stated above. The petitioner, aggrieved by his conviction and sentence. Preferred an appeal in the Court of the Sessions Judge, Churu but his appeal was dismissed. Hence, the petitioner has moved this Court in revision to challenge his conviction and sentence.

(3.) I have carefully perused the record and heard Mr. S. K. Goel, learned counsel for the petitioner and Dr. S. S. Bhandawat, Public Prosecutor for the State.