Dave, J.—This is an application in revision by accused Chhittar Singh, who has been convicted by the Sub-Divisional Magistrate, Kishangarh, under secs. 54 (d) and 57 of the Rajasthan Excise Act, 1950, and sentenced to 1-1/2 and 1 months rigorous imprisonment respectively. He had filed an appeal which was heard by the learned Addl. Sessions Judge, Kishangarh, but since it was dismi-sed, he has approached this Court.

2. I have gone through the record of the trial court and find that this case has not been tried in accordance with the procedure laid down by the Code of Criminal Procedure. It is clear from the record of the trial court that the petitioner was examined and thereafter a charge was framed and he was convicted on his plea. It may be pointed out that the offence under sec. 54 of the Rajasthan Excise Act is punishable with imprisonment for a term which may extend to 2 years and therefore it is triable as a warrant case. Sec. 252 Cr.P.C. lays down the procedure which is to be followed by a Magistrate in trying a warrant case which is instituted otherwise than on a police report. According to this procedure the Magistrate should first hear the complainant, if any, and take all

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