JUDGEMENT
H.R.Panwar, J. -
(1.) With the consent
of the learned counsel for the parties, the
revision petition is finally heard and being decided at the admission stage.
(2.) By the order dated 10-4-2006,
the record of the trial Court was requisitioned, which has been received.
(3.) The petitioner has been convicted by the judgment and order dated
20-3-2006 passed by the Additional Chief
Judicial Magistrate, Banner (for short,
"the trial Court" hereinafter) in Criminal Case No. 272/2004 for the offence
under Section 19/54 of the Rajasthan
Excise Act, 1950 (for short, "the Act" hereinafter) on the plea of guilty entered into
by him and sentenced to undergo two
years simple imprisonment and a fine
of 1000/-, in default of payment of fine
further to undergo one month's simple imprisonment. The conviction and sentence
recorded by the trial Court is on the plea of
guilty and, therefore, in view of the provisions of Section 375 of the Code of Criminal
Procedure, 1973 (for short, "the Code"
hereinafter), the impugned order is not
appealable, hence this revision.;
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