JAMWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision by Jamwant Singh son of Bhawani Singh of Bhawad, Police Station Malarna Doongar, who has been convicted under sec. 54 (a) and (d) of the Rajasthan Excise Act, 1950 (No. II of 1950 ).

(2.) THE case of the prosecution is that on the 14th June, 1955, the Excise inspector, Roopdan accompanied by certain excise officials, searched the house of the accused and recovered four bottles containing illicit liquor, three pitchers containing 'pass' used for manufacture of liquor, one Nal and Babri instruments for the manufacture of liquor. THE accused denied the recovery of these articles and further pleaded that the house from which the alleged articles are said to have been recovered, belonged to him and his brother and was not in his exclusive possession. THE learned Munsif Magistrate of Gangapur convicted the accused under sec. 54 (a) and (d) of the Excise Act for possessing excisable articles to wit, four bottles of illicit liquor and three pitchers of 'pass' and for keeping in possession implements and apparatus for the purpose of manufacturing excisable articles to wit, the Nal and Babri. He was sentenced to undergo three months rigorous imprisonment and to pay a fine of Rs. 210/ -. , in default to undergo simple imprisonment for three months by the judgment dated the 16th January, 1956 On appeal the learned Additional Sessions Judge, Gangapur, held that the 'pass' not having been chemically examined, was nut proved to be an excisable article. He, however, upheld the finding as to the recovery of illicit liquor and Nal and Babri from the possession of the accused. THE conviction and sentence were maintained. THE accused has come in revision against the judgment of the Additional Sessions Judge, Gangapur, which is dated the 21st May, 1956.