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2024 Supreme(Raj) 472

MANOJ KUMAR GARG
Ramnivas S/o Andaram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Ravindra Acharya.
For the Respondent: Anita Gehlot.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant revision petition has been filed by the petitioner challenging the judgment dated 24.03.2004 passed in Cr. Appeal No. 09/2002 by learned Special Judge, SC/ST (Prevention of Atrocities) Act and Additional Sessions Judge, Merta (hereinafter referred to as ‘the appellate court’) by which the appellate court while dismissing the petitioner’s appeal, upheld the judgment dated 05.10.2001 passed in Cr. Case No. 102/1996 by learned Additional Chief Judicial Magistrate, Merta City (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted the present petitioner for offence under Section 19/54 of Rajasthan Excise Act and sentenced him to undergo six months’ R.I. and imposed a fine of Rs.2,000/- and in default of payment of fine, to further undergo two months’ S.I.

2. Brief facts of the case are that on 16.08.1995, during blockade a jeep bearing registration number RJ-19-C-1084 being driven by the petitioner was coming from Makrana. Upon conducting search, 16 plastic bags were recovered from the jeep and each of them were containing 100 pouches of country-made liquor. After collecting the samples of country-made liquor and

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