- (1.)Applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the judgment dated 28.08.2019 passed by the appellate Court- learned Additional Sessions Judge, Betul in Criminal Appeal No. 400198/2014 whereby learned appellate Court affirmed the conviction under Section 34(2) of the M.P. Excise Act and sentence of one year R.I. and fine of Rs.25,000/- with default stipulation passed by the Court of learned Chief Judicial Magistrate, Betul in Criminal Case No. 2607/2008 vide judgment dated 22.07.2014.
(2.)The case of the prosecution against the applicant in short is that Ganpad Singh Dhundh (PW- 3), Excise Sub Inspector, received the information that applicant was illegally having liquor in his residential house in his possession. This witness went to the house of the applicant situated in village Dodramahu along with other employees of the Excise Department. The applicant was present there and on taking search of his house, there was 60 cartoon boxes. Each cartoon contained 48 bottles and one cartoon contained 48 bottles of McDowell and one cartoon of bagpiper whiskey having 48 bottles and 28 cartoons of beer. The total quantity was more than 50 bulk litres found in the house of the applicant. The seizure memo has been prepared before Rupendra (PW-1) and Anokhilal (PW-2). The applicant on examination under Section 313 of Cr.P.C. took the defence that the house did not belong to him. He was not having any knowledge about the liquor. He has been falsely implicated in the case. He produced one witness Ramesh (DW-1) in his defence.
(3.)Learned trial Court after completion of trial, convicted the applicant for the offence punishable under Section 34(2) of the M.P. Excise Act and sentenced to undergo one year rigorous imprisonment with fine of Rs.25,000/- with default stipulation. The applicant being aggrieved by that conviction and sentence, preferred an appeal before the appellate Court which was registered as Criminal Appeal No.400198/2014. Learned appellate Court vide judgment dated 28.08.2019 while dismissing the appeal affirmed the conviction and sentence.