‘ M 41E 9% HIGH COURT OF CHHATTISGARH' BILASPUR CRIMINAL REVISION NO. 566(g004 Peltitioner: Dinesh Kumar, s/o. Baldao, aged about 20 years, r/o. village Baseen, P.S. Pulgaon, Dist. Durg (CG). Vs. l \ ‘ ‘ k Rcsfpondcnt: ‘ .Statc of Chhattisgaxh. ‘ And CRIMINAL REVI§ION N0. 567( 2004 $ ‘ Petitioner: u Ram Namsh. s/o.Kn'pa Ram aged about 21 ycars, r/o. Villagc Basccn, P.S. Pulgaon, Dist. Durg (CG). Respondent: State of Chhattisgarh. Shri Y.C. Shanna, Counsel for the petitioner in Criminal Revision _N0. 566/ 2004. Mrs. Hamida Sudduqui, Advocate appcam as Amicus Cm‘iae for the petitioner in Criminal Revision No.567/2004. Shn' Vinod Slnivastava. Govt. Advocate'for the State. ORDER‘ / ( paused on (“Ayn 9005) PRESENT: “ONB Petitioners Ram Nai‘esh and Dinesh Kumar who have been convicted under Section 34 (2) of the Excise Act and sentenced to undergo R. II ’LE 7 .7 for one year and toipay tiniof Rs.25,000/- and in @é dcfault of payment of he to undergo additional SJ 1hr thme months in Crimmal Case No. 187/2001 passed by Additional Chief Judicial Magistrate, Durg on 25/08/2003, pmfermd Criminal Appeal No. 386/2003 which was heard and decided by learned First Addiu'onal Sessions Judge,‘ Ding, vide his judgnent dated 08/09/2004, while maintaining the conviction and sentence passed by the trial Court, dismissed the appeal. Being aggrieved by The aforesaid orders of codvw'don and sentence, petitioners have preferred the criminal revisions challenging the nndings and convicu'on. u f 2) » For disposal of both these revisions, facts material in i brief compass, are that on 30/07/2001 B.R. Sinha, SHO, Nandani a Nagar accompanied with his stad‘ was on patrolling duty who on receiving information regarding illicit liquor tramcking, arranged a raid and caught one Commander Jeep M.P. 24G] 1534. Both the petitioners were found in the vehicle having in their possession illicit Goa Brand English liquor containing 22 cartons containing 48 quarters in each. The liquor was seized. Peu'u'oners failed to disclose any authority regarding its legal possession. The liquor was got examined by the Excise sub-Inspector and on examination the material was found to be liquor. Alter due investigan’on charge—sheet has been med. Ashwani Thakur said to be in the vehicle, who on seeing Police party iled away nom there. Petiu‘oners abjured their guilt and their defence was that earlier the Police demanded vehicle, but they failed to manage and as a result thereof pedt'wners have been falsely implicated in the case. 6 3) Both the Courts below after minutely evaluating the evidence have come to the conclusion that both the peddoners were found tramcking illicit liquor having more than 50 bulk litres. On mooni thcrc is bountiful evidcnce to support the said hdihgs. B.R. Sinha, SHO (PW.4), Pawan Singh, Sr. Constable (PW/2), Rajcndra Singh Raiput (PW/6) and Ashok Kumar Shanna (PW/7) have supportcd the rtcovcxy of illicit liquor mm the possession of both the pcu'u‘qncm. A.K, Singh”(P'W/3) vidc his evidence, has certmed the said gamual to be the counuy made whisky (liquor). 4) The revisional Court'docs not sit and exercise the power as appellate Court, Therefore, if thé Courts below have on ‘smcient cvideujog and alter due appreciation arrived at any conclusion that cannot be inérfered with by the revisional Court and in my opinion no substantial illegality or irregularity appeais in the appmciation made ‘by both the Coims below. 5) No other contentions have been raised l l l 6) i In the result, revision filed by the pednoner Ram Namsh l bean'n‘g Cn‘xm'nal Revision No. 567/2004 and nevision med by the petitioner Dinesh Kumar bearing Criminal Revision No. 566/2004 n A e fail and are dismissed. Sdl- V.K.Shrivastava Judge x