SHARWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the judgment dated 16.03.2002 passed by learned Additional Sessions Judge, Sojat (for short 'the appellate court') whereby, petitioner was convicted by the Chief Judicial Magistrate 1st class, Bar for offence under Section 16/54 Rajasthan Excise Act vide judgment and order 29.02.2000 passed in Criminal Case No. 312/1994 and sentenced him to undergo six months rigorous imprisonment along with fine of Rs. 1,000/-, in default of payment of fine to further undergo one month's simple imprisonment.

(2.) As per brief facts of the case, on 09.12.93, the Patrolling Officer Ran Singh on the basis of secret information reached at the field of accused Sharwan where the accused was sitting on a cot inside a hut. Upon digging under the cot, a jerrycan containing 20 ltrs of spirit was found which was seized and sealed in the presence of accused and motbirs. The seized spirit was sent to the Excise Laboratory, Jodhpur and upon receiving the report it was found that the said spirit contained 63.76 O.P. Ethyl alcohol.

(3.) After usual investigation, the Excise Inspector, Jaitaran filed charge-sheet against the petitioner for offence under Section 16/54 Rajasthan Excise Act.