Beg, J. - (1.) This appeal comes up before us by a certificate of fitness of the case for appeal to this Court granted by the Allahabad High Court under Article 134 (1) (c) of the Constitution.
(2.) The appellant was convicted under Section 60 (a) of the U.P. Excise Act and sentenced to six months rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of the fine, to undergo imprisonment for a further period of two months. His conviction and sentence were confirmed by the Sessions Judge as well as by the High Court of Allahabad.
(3.) On 27-10-1967, at about 6.45 p.m. he was found by the raiding Excise Staff in a room of a bungalow in Meerut apparently preparing something with the aid of materials found there which were seized. These were said to be: 1. Five drums each containing about 20 liters liquor of O.P. strength the sample whereof was taken in five bottles from each tin. 2. Three empty drums of five gallons capacity. 3. Thirty empty bottles bearing labels. 4. Labels, 120 in number bearing the words "Khody's Hercules ....." 5. Different types of capsules, 142 in number." His plea was that he had no concern with the bungalow in question and that he was not present at the time when its search was taken. He said that the Excise Inspector came to the liquor shop of Gyan Chand Chander Mohan, situated in Sadar Bazar, Meerut, where he was working as a Salesman. According to him, the Excise Inspector wanted to check the stock of spirit and demanded the register from him. As the register was locked in a drawer the Excise Inspector is alleged to have abused the appellant and implicated him falsely for alleged possession of the objects mentioned above.;