Nisha Gupta, J. - (1.) THIS revision petition has been filed against the judgment dated 3rd August, 2011 passed by Additional Sessions Judge, Kishangarh, District Ajmer in Criminal Appeal No. 95/2011, where the appeal preferred by the petitioners has been dismissed. The petitioners have been convicted and sentenced, as under: - - U/s. 14 read with Section 19 read with Section 54 of the Rajasthan Excise Act: - - 3 years simple imprisonment and fine of Rs. 20,000/ -each, in default of payment of fine, further one month additional simple imprisonment to each accused petitioners. The short facts of the case are that on 12/01/2011, the Assistant Director, Excise lodged a written report against the present petitioners on which fir No. 11/2010 has been registered. After investigation, charge sheet has been filed and on conclusion of the trial, present petitioners have been convicted and sentenced, as referred above. Appeal has been dismissed, hence, this revision petition.
(2.) THE contention of the present petitioners is that they have been implicated falsely. Document under Section 47 of the Rajasthan Excise Act has been prepared, after the seizure. Investigating Officer is the same person, who has seized the contraband. No independent witness has supported the prosecution story and the present petitioners have suffered two and half years imprisonment, hence, a liberal attitude be taken. Per contra, the contention of the learned Public Prosecutor is that there is no infirmity in the conviction and minimum sentence is provided under Section 19 /54, hence, no interference is needed in conviction and the sentence.
(3.) HEARD learned counsel for the parties and perused the impugned judgment as well as relevant material available on record.;