1. This Criminal Revision is directed against the judgment dated 16-022006 delivered by the learned Sessions Judge, Rajnandgaon in Criminal Appeal No.04/2005, affirming the judgment dated 13-01-2005 delivered by the learned Judicial Magistrate First Class, Rajnandgaon in Criminal Case No.1 587/2004 whereby the applicant herein was convicted under Section- 34(1)(a) of Chhattisgarh Excise Act. 1915 (hereinafter referred to as the" Act") and was sentenced to undergo rigorous imprisonment for I year and fine of Rs.25,000/-.

2. The factual matrix in brief is that on 26-08-2004 upon receiving a secret information that the applicant herein was in possession of illicit country made liquor, PW-2 Excise Sub Inspector K.R. Taram Circle-B, Rajnandgaon, without obtaining a search warrant for want of time, proceeded to the spot and intercepted the applicant herein on Khairagarh Road, Rajnandgaon and seized 30 liters country made liquor made from Mahua from the possession of the appellant in a black coloured Jerrican. Shri K.L. Taram PW-2 examined the contents of the Jerrican by smelling, tasting and by performing litmus test and found that it was country made liquor, 30 bulk liters of coun