G.K. Sharma, J. - (1.)Gangusingh petitioner has preferred this revision petition against the judgment of the Sessions Judge, Sikar dated 14th July, 1978, confirming his conviction and sentence under Sec. 54-D of the Rajasthan Excise Act, awarded by the Additional Munsif & Judicial Magistrate, Neemka Thana, by his judgment dated 23rd Aug., 1976.
(2.)On 3rd Oct., 1972, the house of the accused-petitioner was raided by Shri Ramsingh, Excise Inspector, in presence of motbirs; and from the Obri of the accused-petitioner one Peepa, one Babri and two earthen pots full of Pash were recovered. Two bottles of sample of Pash were taken into possession in presence of the said motbirs. which were sealed there and then sent for chemical examination. The report of the chemical examiner was that the Pash contained 99.62% of Ethyl Alcohol. A challan was submitted against the accused petitioner, Gangusingh; and after trial, he was convicted and sentenced as mentioned above.
(3.)The learned counsel for the petitioner has argued that the prosecution has failed to establish the house from where the articles were recovered, belonged to the accused-petitioner. He argued that it has not been established that the said house was in possession of the accused-petitioner. According to him, the accused petitioner and his brother, Sultansingh used to live in a common Gwardi, having separate rooms, and the room from where the articles were recovered, was in possession of Sultansingh. It was argued that Shri Ramsingh, Excise Inspector had no personal knowledge about the room as to in whose possession it was when the articles were recovered from it. According to Ex. P. 4, when Panchnama Ex. P. 3 was prepared, Ramkumar motbir told him that house belonged to Gangusingh. Except this, there is no other evidence on the record to prove that the room was in possession of Gangusingh.