JUDGMENT

Lakshmi Prasad, J. - This is an application in revision from the order dated November 12, 1963 of the Sessions Judge, Aligarh dismissing the applicants appeal against his conviction under clause (a) of Section 60 of the Excise Act. He has been sentenced to pay a fine of Rs. 300/- or in default to undergo two months R. I.

2. I have heard the applicants counsel and the Assistant Government Advocate. The applicant is the Proprietor of Super Standard Chemical Works where medicines are manufactured and as such he admittedly holds a licence for keeping rectified spirit. The applicant has been convicted on the ground that on July 27, 1982 at about 9 p.m. he was found in possession of eight gallons rectified spirit in excess of what he could possess. I have gone through the judgments of the trial court and the appellate court. It appears there has been a lot of confusion in arriving at the particular finding which is the basis of the applicants conviction. The trial court makes in this connection the following relevant observations towards the end of its judgment :-

"In view of my above observations I find that the accused was found in possession of 8 gallons of rectified spirit wh