CHHAGAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. S. K. Goyal, learned counsel for the petitioner and Mr. N. S. Acharya, P. P. for the State and perused the judgment of the Courts below.

(2.) Upon perusal of the Judgment, I am satisfied that Chhagansingh petitioner was rightly held guilty of an offence under Sec. 4 (2) of the Rajasthan Prohibition Act, 1969 for having been found in possession of an earthen pitcher full of Lahan and half bottle containing illicit liquor, is fully proved by the evidence of Tulsi Ram, S. H. O. Taranagar (P. W. 7), Ghan Shyam (P. W. 5) and Mansingh (P. W. 3).

(3.) Both the courts below have relied upon the testimony of these witnesses relating to the recoveries of Lahan and illicit wine and I see, absolutely, no reason to disturb their findings in exercise of revisional powers. The sample of Lahan and liquor were sent to the Chemical Examiner, Jaipur through Jeewandeen (P. W. 4) in sealed condition for analysis. The Chemical Examiner analysed the sample and declared that the sample of liquor and Lahan contained 55.33% and 98.59% respectively under proof ethyl alcohol. There is no reason to disbelieve the report of the Chemical Examiner. The petitioner denied the recovery of Lahan and illicit liquor from his possession. He led evidence in his defence but both the courts below, rightly held that the prosecution succeeded in proving beyond reasonable doubt that the earthen pitcher containing Lahan and half bottle of illicit liquor were recovered from the possession of the petitioner.