1. The petitioner, Liak Ram, hereinafter referred to as the accused stands convicted by the learned Additional Chief Judicial Magistrate, Nahan, in Cr. Case No.14/1 of 1996/95, vide judgment dated 24.10.1997 for the offence under Section 61 (1) (c) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh, and sentenced to simple imprisonment for one year and fine of Rs. 2,000/-. In default of fine, the accused has been sentenced to undergo simple imprisonment for a further period of three months.

2. The learned Sessions Judge, Nahan, vide his impugned judgment dated 22.07.1998, while maintaining the conviction of the accused, modified and reduced the sentence to simple imprisonment for six months and fine of Rs.2,000/-. In default of fine, simple imprisonment for one month was imposed.

3. Feeling aggrieved by the conviction and sentence imposed upon him, the accused is before this Court by way of the present revision petition.

4. Briefly stated, the facts of the present case are these. On 01.01.1995, Sub Inspector Sant Ram (PW 7) of Police Station Renukaji, alongwith Constable Gursharan was present in the area of Bhatgarh Dharla in connection with routine pa