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2021 Supreme(MP) 265

VIVEK RUSIA
Nandkishore – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manish Yadav, Learned Counsel
For the Respondent:Valmik Sakargayen, Learned Govt. Advocate

ORDER :

Vivek Rusia, J.

1. The applicant has filed the present revision u/s. 397 read with Section 401 of Cr.P.C. being aggrieved by the judgment dated 23.2.2016 passed by Addl. Chief Judicial Magistrate, Shajapur which has been affirmed by first Addl. Sessions Judge, Shajapur, whereby he has been convicted u/s. 34(1)(a) of the M.P. Excise Act and sentenced to undergo two months' RI with a fine of Rs. 2,000/- with default stipulation.

2. The facts of the case, in short, are as under:

    As per the prosecution story, Head Constable Pawan Sharma posted in Police Station Sunera received discrete information on 29.7.2015 on his phone that one person is going from Majhania Petrol Pum towards Village Majhania with illicit liquor in his possession. On the said information, 'Merg' was recorded and the team of constables was sent to the spot and found that one person with a plastic bag in his hand was going. He was detained in front of Ware House of Nanu. The plastic bag carrying by the person was checked in which 20 quarters of country-made liquor were found. On asking, the said person disclo

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