IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA ON THE 17 th OF JULY, 2023 CRIMINAL REVISION No. 1239 of 2023 BETWEEN:-

1. DHYAN SINGH S/O SHRI TILAKRAJ SINGH, AGED ABOUT 62 YEARS, OCCUPATION: FARMING, RESIDENT OF : VILLAGE : AHIRGAON POLICE STATION AMARPATAN, DISTRICT- SATNA (MADHYA PRADESH).

2. BALI SINGH S/O SHRI VIRENDRA SINGH, AGED ABOUT 54 YEARS, OCCUPATION: FARMING, RESIDENT OF VILLAGE DALDAL POLICE STATION, RAMPUR BAGHELAN, DISTRICT SATNA (MADHYA PRADESH).

.....APPLICANTS (BY SHRI AKHILESH SINGH – ADVOCATE )

AND STATE OF MADHYA PRADESH THROUGH EXCISE OFFICER, EXCISE OFFICE, CIRCLE AMARPATAN DISTRICT-SATNA (MADHYA PRADESH).

.....RESPONDENT (BY SHRI RAM GIRISH VERMA – PANEL LAWYER FOR THE RESPONDENT/ STATE )

Reserved on : 06.07.2023 Pronounced on : 17 .07.2023 This Criminal Revision having been heard and reserved for order, coming on for pronouncement this day, the court passed the following:

ORDER This criminal revision has been filed challenging the judgment passed by Second Additional Sessions Judge, Satna on 13.03.2023 deciding the criminal appeal No.3400155/2016. By the impugned judgment the criminal appeal was dismissed and the judgment of Chief Judicial Magistrate, Satna delivered on 18.07.2016 in RCT No.2577/2006 was confirmed both on the points of conviction and sentence. Accordingly, the applicants now stand convicted for the offence of Section 34(2) r/w. 45 of Madhya Pradesh Excise Act and are undergoing sentence of rigorous imprisonment of 2 years. It is claimed that they have already deposited the fine amount of Rs.50,000/- under the impugned judgment.

2. The prosecution story reveals that information was received by the Excise Sub-Inspector Vishwabandhu Choudhry that applicants were selling illicit liquor in their shop adjoining the road in the Village Ahirgaon. Apprehending that delay in obtaining search warrant may help the wrong doer to frisk away or remove the illicit liquor, he proceeded for the spot along with the staff of Excise Department without obtaining the search warrant. On 08.03.2006 at 10.20 a.m. they reached the destination, the applicants were present there, search party gave its search to the applicants and thereafter it searched the place, which was in possession of applicants. 933.06 litres of illicit liquor containined in sealed bottles was found there. Applicants failed to produce any valid licence to justify the possession. Rs. 2,333/- were also there and as the amount of sale of illicit liquor they were seized. The money and the illicit liquor were sealed. The spot map was prepared. The sample of seized liquor was examined and test report was prepared. The liquor was then sealed on the spot. Applicants were handed over to the police of Police Station Amarpatan and were later produced before the Court. Information regarding ownership of the place from where the illicit liquor was seized, was obtained from the revenue department. The documents regarding earlier conviction of applicants were also obtained and the final report was filed before the Court. On that basis, the charges were framed and the trial was conducted. Both the applicants were convicted and sentenced by the trial Court as well as by the appellate Court.

3. The grounds raised in this criminal revision are that the seizure memo Ex.P/2 under which the alleged illicit liquor was seized does not mentioned the name of manufacturing company and batch number.

Nowhere it was proved that the liquor was ever handed over to the person concerned for its safe custody and no Malkhana register was produced to prove the same. Only ten minutes were taken to conclude the proceeding of Ex.P/1 and P/2, which is highly improbable. Seizure memo Ex.P/2 indicates that no sample was taken. Further no document shows that how the liquor was examined. The place of incident marked in Ex.P/4 is different from the place shown in trace map. The two documents refer to two different places and survey number is also not