EMPEROR Vs. MAIKU

JUDGEMENT

(1.) Maiku Kahar has been convicted by Mr.S.M. Ahmed, Excise Magistrate of Agra under Section 60, Excise Act and has been sentenced to a fine of Rs. 50. The District Magistrate of Agra has through the Sessions Judge referred the case to this Court "for examination and enhancement of sentence if thought proper."

(2.) Mr. Sheodan Lal, an Excise Inspector, raided the house of Maiku Khar which is situated in Sadar Bazaar of the city of Agra. Maiku was caught in the act of distilling liquor. A large quantity of illicit liquor and a complete paraphernalia of instruments for manufacture of illicit liquor was discovered in his house. Maiku was put on his trial and he made no pretence of innocence. He pleaded guilty. The Excise Magistrate considered that he had properly discharged his function as a Magistrate by sentencing Maiku to a fine of Rs. 50.

(3.) Excise cases are not easy to detect and are difficult to prove. The distiller, not unoften, prepares liquor for purposes of traffic. The game is a profitable one. Illicit distillation of liquor does not only mean a loss of revenue to the Government but is a serious menace to the health and the moral well being of the community. The Local Government, by its letter No. 579-13-55 dated 21 December 1928, had accentuated the fact that the crime was widely prevalent and that the actual distiller or trafficker should be sentenced to a substantial term of imprisonment. Under the Act, the maximum punishment, in the case of first offenders, is one year's rigorous imprisonment and a fine of Rs. 1000.