1. This revision under section 397/401 of the Code of Criminal Procedure ("Code" hereafter) by the accused-applicant is against the judgment dated 16.10.2001 passed by learned Sessions Judge, Shajapur, in Criminal Appeal No. 149/2001 confirming the conviction under section 34(l)(a) M.P. Excise Act and sentence under sub-section (2) thereunder (as amended from 4.8.2000) to RI for one year and fine of Rs.25,000/- with usual default clause.

2. According to prosecution, on 6.6.2001, PSI Vivek Chauhan PW5 along with his associates had gone to village Hajipur with a view to execute arrest warrant of a warrantee. There an informant gave him information that a person was looking for conveyance to transport liquor illegally, therefore he went to the place said to have been occupied by the delinquent. As he reached there with his companions, the delinquent, along with one container, started running. He also left behind some containers. They chased and apprehended him. His identity was discovered as the accused-applicant and the material with him appeared to he liquor hence he was asked by PSI Vivek Chauhan about the license to which he replied in the negative. Accordingly, seizure procee