KANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is preferred against the judgment dated 27.11.1975 passed by the learned Sessions Judge, Ganganagar upholding the conviction of the accused under section 54A of the Excise Act.

(2.) The facts briefly stated are that on 10.11.1971 Anupsingh was selling illicit liquor at his quarter. On this information Shri Tribhuwan Singh S. I. went to quarter No. 189 at 6.25 p. m. and took search of the quarter which belonged to the petitioner who happened to be police constable. It is alleged that in the verandah which was behind the room in quarter No. 189, one bladder and a bottle containing illicit liquor was found. The sample of liquor on examination was found to be illicit. On receipt of the report of the Chemical Examiner the accused was challaned.

(3.) Before the contentions advanced by the learned counsel for the petitioner and the learned Public Prosecutor are noticed a few facts which does not appear to be in dispute may be stated. (i) That the petitioner was a police constable and was at relevant time posted and living at Hanumangarh and came to Ganganagar od some Government duty on the date of incident, (ii) The place from where the illicit liquor was recovered was a verandah which was accessible to everyone, i. e. the illicit liquor was recovered from a place which was not in the exclusive possession of the accused. The learned Sessions Judge also of this view but he further observed that this fact has to be considered in context of the other evidence that some witnesses saw the appellant selling the liquor.