Sajjan Singh vs State of Rajasthan - 2023 Supreme(Raj) 2147

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2147

FARJAND ALI
Sajjan Singh – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ms. Durga Kanwar Rathore.
For the Respondent: Mr. S.K. Bhati, PP.

ORDER :

Farjand Ali, J.

The petitioner was convicted for the offences under Sections 19 /54 and 54A of the RAJASTHAN EXCISE ACT vide judgment dated 07.03.2019 passed by the learned Additional Chief Metropolitan Magistrate, No.2, Jodhpur Metropolitan in Criminal Original Case No.1290/2009 and sentenced to undergo rigorous imprisonment of 3 years along-with a fine of Rs.8,00,000/- with default sentence of 6 months' rigorous imprisonment for each count. The said judgment was challenged by the petitioner by way of filing an appeal bearing No.186/2019, which has been partly allowed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan vide judgment dated 18.05.2023, whereby while upholding the conviction and sentence for the offence under Section 19 /54 of the RAJASTHAN EXCISE ACT , the petitioner was acquitted from the offence under Section 54 -A of the Excise Act.

2. Briefly stated, the facts of the case are that on 02.02.2009, at 02.00 a.m., Mr. Narendra Singh Shekhawat, Assistant Director Enforcement, Excise Enforcement Station Rural, Jodhpur with other personnel, conducted a Nakabandi at Sarhad Lohawas, Main Road Ramasani. At 02.50 a.m. they tried to intercept a Tata 207

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