Anurag Lakda S/o Padoo Lakda vs State of Chhattisgarh, Through, District Magistrate, Surguja

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Chh) 319

SACHIN SINGH RAJPUT
Anurag Lakda S/o Padoo Lakda – Appellant
Versus
State of Chhattisgarh, Through, District Magistrate, Surguja – Respondent

Advocates:
Advocate Appeared:
For the Applicant :Shri Shrawan Agrawal, Advocate
For the Respondent:Shri Ashish Tiwari, Government Advocate

ORDER :

Sachin Singh Rajput, J.

1. Assailing the legality, validity and correctness of the judgment dated 30.03.2010 passed by 3rd Additional Session Judge (F.T.C.), Surguja (Ambikapur) (C.G.) {for short ASJ} in Criminal Appeal No. 58/2010 by which the learned ASJ has upheld the judgment of conviction dated 19.03.2010 passed by Chief Judicial Magistrate, Ambikapur, District Surguja (C.G.) {for short CJM} convicting the applicant under Section 34 (2) (1) of the Excise Act and sentencing him to undergo one year rigorous imprisonment with fine of Rs.25,000/-, in default of payment of fine three month rigorous imprisonment, the applicant has preferred this revision under section 397/401 of Criminal Procedure Code, 1973 {for short Cr.P.C}.

2. Prosecution case in brief is that on the date of incident i.e. 03.12.2009, information was received from an informant that the applicant was going to sell mahua liquor. The applicant was caught and from the possession 31 liter of hand furnaced mahua liquor was seized. No licence was produced by the applicant and hence he was arrested and after due investigation charge sheet was filed.

3. The prosecution examined as many as 4 witnesses in support of

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