KESAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 397/401 of the CrPC has been preferred by the petitioner being aggrieved of the judgment dtd. 30/1/2026 passed by the learned Additional Sessions Judge, Dungarpur in Criminal Appeal No.10/2020, whereby the learned appellate court while affirming the conviction of the petitioner for the offences under Ss. 19/54 of the Rajasthan Excise Act as recorded by the learned Judicial Magistrate, Seemalvada, Dungarpur in Criminal Case No.91/2010, sentenced him for 3 years' simple imprisonment, while maintaining the fine amount of Rs.20,000.00 and default sentence of 3 months; simple imprisonment.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that upon receiving a secret information, Police personnel laid a blockade at Rajpur Ghati. At about 01.35 AM, Police stopped a truck coming from Dungarpur and questioned the accused about the goods kept in the vehicle, the accused told Police about carrying foreign liquor. Upon conducting search, 499 cartons of foreign liquour was found for which the accused had no valid licence or permit. On the aforesaid report, FIR was registered and after usual investigation, a charge-sheet was filed against the present petitioner for the offences under Sec. 19/54 of the Rajasthan Excise Act.

(3.) The Learned Magistrate framed charges against the petitioner for the above offences and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 18 witnesses and exhibited various documents. The accused, upon being confronted with the prosecution allegations, in his statement under Sec. 313 CrPC, denied the allegations and claimed to be innocent. No evidence was adduced from defence side. Then, after hearing the learned Public Prosecutor and upon meticulous appreciation of the evidence, learned trial court convicted the accused for offences under Sec. 19/54 of the Rajasthan Excise Act vide judgment dtd. 30/1/2019. Aggrieved by the judgment of conviction, he preferred an appeal, which was allowed by the learned appellate court vide judgment dtd. 30/1/2026 while affirming the judgment of conviction and the order of sentence. Hence, this revision petition is filed before this court.