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1994 Supreme(MP) 688

U.L.BHAT
Sukhlal – Appellant
Versus
State of M. P. – Respondent


Advocates:
P.S. Das for applicant; Dilip Naik, Deputy Govt. Advocate for State.

JUDGMENT

Revision petitioner has been concurrently found guilty of the offence punishable under Sec. 34 (1) of the M.P. Excise Act and sentenced to undergo rigorous imprisonment for one month and to pay fine of Rs. 200/- with default sentence.

On 13.10.1988, P.W. 3 Excise Sub-Inspector received information that revision petitioner was manufacturing illicit liquor in his house. P.W. 3 proceeded with his staff and two witnesses P.Ws. 1 and 2 to the house of the revision petitioner and found 30 liters of Mowha liquor and 54 K.gs. of Mowha in his possession. His son was also found to be in possession of some quantity of liquor and Mowha. He was separately prosecuted and convicted. The articles found in the possession of revision petitioner were seized under Ex.P/l seizure list. P.W.3 took samples of the liquor in three bottles and destroyed the remaining part of the liquor. In due course, he filed charge-sheet before the Court concerned and produced the documents and the samples. Revision petitioner denied that he was found in possession of any liquor and stated that the seized articles belonged to his son. He also examined three witnesses to show that nothing was seized from h



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