SEDURAM MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been instituted under Section 397/401 of the Code of Criminal Procedure, 1973 by petitioner, Seduram Meena S/o. Nathuram Meena to assail the judgment dated 25.07.1984 rendered by the Judicial Magistrate, No.2, Jaipur District Jaipur, whereby petitioner was convicted for commission of offence punishable under Section 16/54 of the Rajasthan Excise Act, 1950 and was sentenced to undergo six months rigorous imprisonment with a fine of L 500/-. In default thereof, to further undergo one month's rigorous imprisonment.

(2.) A further prayer has been made that the judgment dated 13.01.1989 passed by the Court of Additional Sessions Judge, Jaipur District Jaipur, whereby appeal preferred by the petitioner was dismissed and conviction was upheld & sentence awarded was affirmed be also set aside.

(3.) The case of prosecution is that the Excise Inspector, Dwarka Prasad Dixit [PW-1] received a secret information that the petitioner is having in his possession illicit liquor and in case a search is conducted, same can be recovered. In pursuance of said secret information received, Dwarka Prasad Dixit [PW-1] conducted search of the house of the petitioner and recovered 200 liters of liquor wash [lahan] i.e. material used for preparation of illicit liquor. The liquor, so recovered was taken into possession vide a separate memo.