KUNDAN KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the Parties.

(2.) The petitioner has filed this application against the judgement dtd. 5/9/2009, passed by Sri Nalin Kumar, learned Additional Judicial Commissioner, F.T.C. No. VI, Ranchi in Cr. Appeal No. 78 of 2009, whereby and wherein the learned Additional Judicial Commissioner, F.T.C. No. VI, Ranchi upheld the judgement of conviction and modified the order of sentence passed by Sri Anuj Kumar, learned J.M.F.C., Ranchi dtd. 6/4/2009 passed in Excise Case No. 141 of 2003, holding the petitioner guilty of offence under Sec. 47(a) of the Excise Act and thereby sentencing him to undergo R.I. for 2 years alongwith a fine of Rs.5,000.00 without default stipulation. The learned appellate court reduced the period of custody to R.I. for 6 months alongwith a fine of Rs.20,000.00 and in default of payment of fine, the petitioner was further directed to undergo imprisonment for two months.

(3.) The case of the prosecution is that the Excise Inspector, Suresh Chandra Sinha on the basis of confidential information conducted a raid in the hotel of the petitioner Kundan Kumar Sinha @ Kundan Kumar Singh and a room situated behind it. On search, 768 pieces of 180 ml of branded wine bottles and another 168 pieces of 375 ml of branded wine bottles were recovered. In order to prove its case the prosecution has adduced both oral and documentary evidence. On the basis of the evidence available on the record both the learned trial court as well as the learned appellate court have come to a concurrent finding regarding the guilt of the petitioner.