SABBIRALI Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Shabbirali who has been convicted by the learned First Class Magistrate, Sikar, under sec. 54(a) of the Rajasthan Excise Act, 1950 (hereinafter to be referred to as the Excise Act) and sentenced to two months' rigorous imprisonment and a fine of Rs. 100/-and in default of payment of fine to further rigorous imprisonment for one month.

(2.) ACCORDING to the prosecution, on the 16th of October, 1958 at about 7 A.M. the Excise Inspector, Shri Jai Jai Ram accompanied by two Motbirs and a few other persons of the excise department raided the house of the accused Shabbirali which is a portion of a bigger house in which one Akhtarali also occupies another portion. From a room on the upper floor which was in possession of Shabbirali, Sulfa weighing one Tola was recovered.