S.D. Khare, J. - (1.) THIS is an application in revision against an order dated 23rd September, 1963, passed by the Addl. sessions Judge, Barcilly, dismissing the appeal filed by all the three applicants teapot their conviction under Section 60 if the U.P. Excise Act, read with the U.P. Restaurant (Consumption of Liquor) Rules, 1952, and the sentence of Rs. (sic)00/ - awarded to each applicant.
(2.) THE revision application so far as the applicant Satyapal Singh is mcernedhas already been dismissed (sic)t the summary hearing, and in this (sic)se I am now concerned with the revision application of the remaining (sic)o applicants, namely, Narain Singh and Autar Singh only. The facts of the case as found by the two courts, below are that on the evening of the 10th of November, 1961, Sri. S.N. Srivastava, Junior Excise Inspector, received information that foreign liquor was served In Allien Hotel and Restaurant, Civil Lines, Barcilly, without the requisite license. On receipt of this information he organized a raid to detect the crime Sri. V.N. Pradhan, Senior Excise Inspector, also went with him. They sent the witnesses, namely, S.P. Raizada, H.D. Saxena, Madan Singh and T.P. Srivastave inside the Restaurant to demand the sale of liquor from the Manager. The witnesses were taken upstairs to room. No. 3 where bearer Bhagat Ram served them Hayararil Whisky. The Manager of the Restaur ant was Satyapal Singh and he was present at the counter. It was the Manager who had taken the customers, upstairs. Narain Singh and Autar Singh applicants are the proprieties of that Restaurant.
(3.) IT was held by the courts below that upon a search of the hotel being made by the Excise Inspectors in the presence of witnesses the whisky bottle, liquor served in glasses mixed with soda and soda water bottles were found in room No. 3. Whisky and whisky mixed with soda were tested and found to be liquor. The rest of the hotel and Restaurant was also searched and one empty bottle of Dry Gin and three, empty bottles of Rum smelling with liquor were recovered.;