SURGYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been preferred against the judgment dated 22nd July, 1985, passed by the Additional Sessions Judge, Dholpur, in Criminal Appeal No. 5/85, whereby he confirmed the judgment and order passed by the Judicial Magistrate -1st Class, Dholpur, dated 8th September, 1982 in Criminal Case No. 89/81, convicting the petitioner under Section 54 of the Rajasthan Excise Act, and sentencing him to 1 year's simple imprisonment and a fine of Rs. 200/ -, and in default of payment of fine, to further undergo 1 month's simple imprisonment.

(2.) MR . Kaushik did not argue the case on merits, but he only prayed for releasing the accused petitioner on probation under the provisions of Probation of Offenders Act, 1958.

(3.) ON 12th December, 1978, Excise Inspector Jagdish Prasad Sharma raided the house of the petitioner and there he found about 50 pots of wash and also some other implements for extracting illicit liquor. He also found some bottles of illicit liquor. After seizing the said articles, and completing investigation, he filed a challan against the accused petitioner.