HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.282 of 2013 Sameer Singh ….. Revisionist Vs.

State of Uttarakhand …..Respondent Presence:

Mr. S.K. Shandilya, Advocate for the revisionist/accused.

Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.

Hon’ble Pankaj Purohit, J. (Oral)

Heard learned counsel for the parties.

2. The present criminal revision has been preferred against the judgment and order dated 30.06.2010 passed by ACJM, Rishikesh in Crl. Case No.5 of 2010 (State v. Sameer Singh) whereby the revisionist has been convicted u/s 60 of the Excise Act and sentenced to undergo six months’ simple imprisonment with fine of Rs.6,000/- with default stipulation of six months’ additional S.I. Revisionist has also challenged the judgment dated 10.09.2013 passed by learned First Additional Sessions Judge, Rishikesh in Crl. Appeal No.107 of 2012, Sameer Singh, v. State, whereby the appeal preferred by him has been dismissed.

3. The facts of the case are that as per prosecution story on 23.11.2007 at 16:30 hours, when informant was busy in law and order duty then the accused was nabbed holding a white plastic bag. On being searched, 40 pouches of local liquor were recovered. The a