1. This revision has been preferred by the applicants against the judgment of conviction and order of sentence dated 06.05.2016 passed by the learned Upper Session Judge, Khairagarh, District Rajnandgaon (CG) in Criminal Appeal No.15/2016 affirming the judgment dated 26.04.2016 passed by the learned Upper Chief Judicial Magistrate, Khairagarh, District Rajnandgaon (C.G.) in Criminal Case No.391/2015, whereby the applicants have been convicted under Section 34 (2) of Excise Act and sentenced to undergo RI for 2-2 years and fine of Rs.25,000/- - 25000/-, with default stipulations.

2. The case of the prosecution, in brief is that on 12.06.2015 at about 22:00 O’clock Station House Officer, Police Station Khairagarh was informed by the informer that accused are illegally transporting the liquor for selling in one swaraj mazada vehicle at Atariya road. On the basis of said information Station In-charge Vinod Mandavi and his companion Staff reached at incident place at Atariya Road and where from the accused persons seized one Swaraj Mazda Vehicle bearing no.C.G.04-JB-2035 with country made plain liquor total 35 cartoon in each cartoon 180 m.l. total 1750 quarter was loaded and its