Deepak Maheshwari, J.

Accused petitioners Hakam Singh and Jaswant Singh have filed this criminal revision assailing the judgment dated 20.8.1998 passed by learned Addl. District and Sessions Judge No. 1, Sriganganagar in Criminal Regular Appeal No. 5/1998 whereby the learned Appellate Court has upheld the conviction and sentence passed by learned Civil Judge and Judicial Magistrate, First Class, Sadul Sahar vide order dated 8.12.1997 whereby both the petitioners were convicted for offence punishable under Section 19/54 of the Rajasthan Excise Act and sentences for rigorous imprisonment of six months and fine of Rs. 200/- and further to undergo sentence of one month's simple imprisonment in default of payment of fine.

2. Briefly stating the facts of the case are that on 21.9.1994, Excise Inspector Shri Jai Narain along with raid party raided the house of Hakam Singh and Jaswant Singh. They ran away from house and could not be caught on chasing them but 75 bottles of liquor were recovered and seized from their house for which they were tried and sentenced by the Trial Court as well as Appellate Court as mentioned above.

3. During the course of arguments, learned Counsel for th