JUDGMENT :

1. Instant revision petition has been filed by the petitioners challenging the judgment dated 17.09.2008 passed in Cr. Appeal No.14/2005 by learned Addl. Sessions Judge, Raisinghnagar District Sriganganagar (hereinafter referred to as ‘the appellate court’) by which the appellate court while dismissing the petitioners’ appeal, upheld the judgment dated 03.03.2005 passed in Cr. Case No.216/2002 by learned Judicial Magistrate, 1st Class, Shri Vijaynagar, District Sriganganagar (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted the present petitioners for offence under Section 16/54(A)(C)(D) of Rajasthan Excise Act and sentenced each of them to undergo two years’ R.I. and imposed a fine of Rs.1000/- each and in default of payment of fine, to further undergo four months’ S.I.

2. Brief facts of the case are that while investigating in another matter, on 04.01.2002, Shri Ram Pratap, SHO, PS Sri Vijaynagar reached at the field of one Udaram and where he found the present petitioners preparing country-made liquor on a ‘Bhatti’ without any permit or licence. After collecting the samples of country-made liquor and on completion of usual proced