Vijayvargia, J.-

1. This revision by the accused-applicant is directed against the judgment and order dated 7-11-77 passed by the Additional Sessions Judge, Rajgarh, in criminal appeal No 325 of 1975, arising out of the judgment and order dated 26-9-75 passed by the Judicial Magistrate first class, Biaora, in criminal case No. 475/74, convicting the applicant under section 34(a) of the M P. Excise Act, and sentencing him to undergo rigorous imprisonment for a period of one month and to pay a fine of Rs. 100 and in default of payment of fine to undergo further simple imprisonment for one month.

2. The facts of the prosecution case may briefly be stated thus: On 31-10-75 Ramlal (PW 2) Excise Inspector received information that the applicant was in possession of illicit liquor. He, therefore, along with witnesses went to the house of the applicant. On search being taken of the applicant's house a tin containing about 12 bottles of illicit liquor was found. The material was seized vide seizure memo Ex. P-l. On examination of the seized liquid it was found to be illicit liquor. The applicant was, therefore, prosecuted under section 34(a) of the M. P. Excise Act (hereinafter referred