1. - Instant revision petition has been preferred on behalf of petitioner, namely Jaswant Singh under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 to assail the judgment of conviction and order of sentence dated 03.07.2013 rendered by the Judicial Magistrate, Dudu, District Jaipur, (hereinafter referred to as 'trial court') who found the petitioner guilty for commission of offence punishable under Section 19/54 read with Section 14 of the Rajasthan Excise Act, 1950 (hereinafter referred to 'the Act') and sentenced him to undergo three years simple imprisonment with a fine of Rs. 5,000/-, and in default thereof, to further undergo simple imprisonment for one month.

2. The petitioner being aggrieved against the judgment of conviction and order of sentence filed an appeal before the Additional District and Sessions Judge, Camp Court Dudu, District Jaipur which was dismissed on 27.11.2013 upholding the conviction and the sentence of three years simple imprisonment awarded by the trial Court but regarding fine imposed, the matter was remitted to the trial court.

3. Hence, this revision petition has been filed by the petitioner before this Court.

4. The brief facts of the case are that on 04.08.2012 Rambabu Tripathi (PW-6), SI, Excise Prevention Squad, Station Dudu, Jaipur, received a secret information that the illegal liquor is being brought in a Tata truck-3118 TC No. RJ-19-GB-7647. He alongwith raiding party consisting of Shiv Prasad Prajapati (PW-1) constable, Pokhar Ram (PW-5) constable, Kuldeep Singh (PW-3) constable, Sugan Singh (PW-2) constable and Kisan Singh (PW-4) proceeded towards the National Highway- 8 Mokhampura crossing and held "nakabandi" at about 10.30 AM. A truck Tata-3118 No. RJ-19-GB-7647 coming at high speed was singled to stop at the roadside. The vehicle was searched and 1700 cartons of liquor BESTO whisky for sale in Arunachal Pradesh were recovered. The driver disclosed his name as Jaswant Singh S/o Dalaram who was arrested. During search each carton contained 12 bottles of BESTO whisky in all totalling 20400 BESTO whisky bottles for sale in Arunachal Pradesh only which were hidden inside and under fertilizer bags.

5. Since, all the 1700 cartons contained the same brand of liquor, two cartons containing 24 bottles were taken as sample. After affixing the seals on the contraband recovered, same was taken into possession as per recovery memo (Ex.P-1).

6. After necessary proceedings FIR No. 07/12-13 (Ex.P-7) dated 04.08.2012 was registered at Excise Prevention Station Dudu, Jaipur Rural.

7. The trial Court charged the petitioner for commission of offence punishable under Section 19/54 read with 14 of the Rajasthan Excise Act, 1950. The petitioner pleaded not guilty and claimed trial. The prosecution examined 6 witnesses and 11 documents were exhibited.

8. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. The petitioner had no knowledge of illegal liquor found in the truck and no independent witness was produced. The prosecution has failed to prove its case beyond reasonable doubt and submitted that the petitioner be acquitted of the charges levelled against him. Alternatively, it was submitted by the learned counsel that the petitioner who is in custody for 2-1/2 years be sentenced to the period already undergone and the order of the appellate court regarding remitting the matter for reconsideration of fine be set aside.

9. In support of the contention regarding reduction of sentence, the learned counsel relied on the judgments reported in the case of Nhaliyam Makkil Raveendran v. State of Kerala 2008(2) WLC (SC) Criminal 211; Jasvindra v. State of Rajasthan, 2011(3) RCC (Raj.) 814 ; Nila Singh & Anr. v. State of Rajasthan, 2003(3) RCC 1640 ; Sasikumar & Anr. v. State of Kerala, 2013(1) WLC (SC) Criminal 494 ; Rajamani v. State of Kerala, 2013 RCC (SC) 375.

10. The learned Public Prosecutor has supported the judgm