MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 5/4/2007 passed by learned Sessions Judge, Balotra in Criminal Appeal No.26/2006 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 28/7/2006 passed by the learned Judicial Magistrate, Balotra in Crl. Original Case No.65/2006, whereby, the learned trial court convicted the petitioner for offence under Sec. 19/54(a) of Rajasthan Excise Act and sentenced him to undergo four months' SI along with a fine of Rs.1,000.00 and in default of payment of fine, to further undergo one month simple imprisonment.

(2.) Brief facts of the case are that on 28/5/2001, upon receiving a mukhbir information, Narayan Singh, SI conducted a search of residential house of the petitioner and recovered 14 cartoons of foreign liquor without any valid licence and permit. After usual formalities, Police registered a case against the petitioner and started investigation.

(3.) On completion of investigation, the police filed a charge sheet against the accused-petitioner. Thereafter, the trial court framed the charge against the accused-petitioner for offence under Sec. 19/54 IPC, who denied the same and claimed trial.