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MANOJ KUMAR GARG
Gopiram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 23.05.2023, passed by learned Additional Session Judge, Churu in Cr. Revision Petition No. 27/2021 by which the learned Judge dismissed the revision filed by the petitioner and affirmed the order dated 08.04.2021 passed by learned Judicial Magistrate, Churu in Criminal Case No. 190/2020, whereby the learned Magistrate framed the charges against the petitioner for offence under Section 19 RAJ 54A of RAJASTHAN EXCISE ACT .
2. Brief facts of the case are that on 29.1 1.2019, SHO, PS Churu Sadar along with his team was on patrolling when they received a tip that a truck bearing No. RJ-lQ-GB-2121 was carrying illegal liquor. The police team set up “Nakabandi” on NH-52. At about 4:25 PM, the aforesaid truck was stopped and the driver and conductor disclosed their names as Rakesh and Suresh Kumar respectively. During search, the Police found some carton boxes of prohibited liquor along with 1990 plastic bags of rice, without any valid licence and permit. The police arrested both the driver and conductor of the truck.
3. Thereafter, Police registered a
The court established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
The court ruled that ownership of the liquor and its non-adulteration justified the release of seized goods despite route deviation under the Odisha Excise Act, 2008.
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