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GOPAL KRISHAN SHARMA
Rameshwar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
P.K. Sharma, Advocate - For the Petitioner
Rizwan Alwi, P.P. - For the Respondent

JUDGMENT

G.K. Sharma, J. -This revision petition has been preferred against the judgment dated 27th August, 1984, passed by the Additional Sessions Judge, Kishangarh Bas (Alwar), by which, the conviction of the petitioner u/s. 16/54, Rajasthan Excise Act, passed by the Judicial Magistrate, Kishangarh Baas was maintained.

2. The petitioner was prosecuted for the offence u/s. 16/54 of the Rajasthan Excise Act. The case of the prosecution is that on 18th August, 1973, at about 6 P.M., N.M. Kankaria Excise Inspector, on secret information, searched the house of the petitioner, and found a rubber-tube of black colour, containing about 100 bottles of illicit liquor. The liquor was seized and its sample was taken by the Excise Inspector. On examination by the Forensic Science Laboratory - the said sample was found to be illicit liquor. After completion of investigation, a challan was filed against the petitioner for offence u/s. 16/54 of the Rajasthan Excise Act.

3. After trial, the learned Judicial Magistrate, Kishangarh Baas, found that the case was established by the prosecution. He, therefore, convicted the petitioner as such and sentenced him to rigorous imprisonment for 11/2 years;

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