- (1.) TO question correctness and propriety of the judgment and order dated 19.2.2009 passed by learned Additional Sessions Judge, Raisinghnagar in Criminal Appeal No.59/2006, this revision petition is preferred. Learned Additional Sessions Judge by the judgment impugned affirmed the judgment and order dated 25.8.2006 passed by learned Judicial Magistrate, First Class, Raisinghnagar in Criminal Original Case No.74/1999 convicting the revision-petitioner for the offence punishable under Section 16/54(a) of the Rajasthan Excise Act and awarded sentence for a period of four months' simple imprisonment with a fine of Rs.1000.00 and further to undergo simple imprisonment in the event of default of payment of fine.
(2.) THE factual matrix necessary to be noticed is that on 15.9.1998, the Station House Officer (Excise), Raisinghnagar while patrolling received a secret information and by acting upon that a search was made at the house of the revision-petitioner wherein 70 bottles of country made liquor were recovered. A criminal case thus was registered and after regular investigation, a charge-sheet was filed before the competent court. After examining the evidence available on record, learned trial court convicted the revision-petitioner and sentenced accordingly. The appellate court affirmed the conviction recorded and the sentence awarded by the trial court. In this revision petition, an effort is made by the learned counsel for the petitioner to question correctness of the conviction on the count that the entire liquor said to be recovered from the residence of the petitioner was not produced before the trial court. I do not find any merit in the argument advanced.
(3.) THE prosecution witnesses in quite definite terms stated that 70 bottles of country made liquor were recovered from the residence of the accused-revision petitioner. There is no just reason to disbelieve these witnesses. Suffice to mention here that a sample of recovered material was taken by the investigating agency and same was sent for its examination to the Forensic Science Laboratory. The Forensic Science Laboratory submitted its report which is available on record as Exhibit-5. The Forensic Science Laboratory report was also put for explanation as an incriminating evidence before the accused- revision-petitioner while availing his explanation as per provisions of Section 313 Cr.P.C.;