V. N. Misra, J. - (1.) THESE are two connected Criminal Revisions by Ram Bharosey and Siya Ram accused against the judgment and order passed by Sri P. C. Saxena, Sessions Judge, Pilibhit dated 4-2-1981 by means of which he dismissed Criminal Appeals filed by them and upheld the conviction and sentence under Sec. 60 (b) of the Excise Act as made by Sri Rajendra Prasad Misra, Munsif Magistrate, Pilibhit. The learned Magistrate had sentenced each of these two applicants to under go rigorous imprisonment for six months and also to pay a fine of Rs. 2,000/-.
(2.) VERY briefly stated the prosecution case was that on 10-1-1980 Sub-Inspector Kripa Ram was on patrolling duty along with certain constables. He arrested one Dwarka Prasad with illicit liquor and on his interrogation it was revealed that illicit liquor was being distilled near Barhepura. The police party went there and saw distillation process on two bhattis at which these applicants were working. They were arrested. The illicit liquor at these bhattis was taken over and sealed. After investigations the applicants were prosecuted and have been convicted as aforesaid. In this case, however, there was no evidence to indicate that the material, which the police party found was being distilled was illicit liquor. This was sent to the Excise Inspector and he gave his opinion that it was illicit liquor. Even if this opinion was accepted as opinion of expert, the liquor was received by him on 18-1-1979 whereas it had been taken over by the police party on 10-1-1979. There was no evidence to show that this material remained sealed for these eight days and was not tampered with. From the evidence examined therefore it was not proved that the material found at these two bhattis was illicit liquor and, therefore, the applicants could not be convicted under Sec. 60 lb) of the Excise Act. Both these revisions are, therefore, allowed and the conviction of the applicant and the sentence of fine are hereby set aside. The applicants are on bail and need not surrender. Their bail bonds are hereby cancelled and sureties discharged. Revisions allowed.;