HIGH COURT OF CHHATTISGARH AT BILASPUR SB: HON’BLE SHRI R.N. CHANDRAKARJ, J Criminal Appeal 'No. 337 of 2001 State of Chhattisgarh AppéI'Iadt ‘ Vs. Anita Méhar I ‘ Respondents \ Sdl- POST FOR PRONOUNCEMENT OF JUDGMENT ILN- Chandrakar ff“ _ Judge i"‘/ A :‘VE‘J 3L! 4-2009 ‘ ’, sw‘ w f ‘ RN. Chapdrakar;¢ :; Judge " ' "’““i“2’£;i7’:§60'9f RESPONDENT Anita Mehar D/o Antlal Mehra aged about 25 years rlo Bayang Police Station Kharsrya Dist Raigarh (Application uhder Section 377 of the Code Of Criminal Procedure, 1973) SB: Honrbie Mr. Rang‘an‘ath Chandrakar, J. HIGH COURT OF CHHATTISGARH, BILASP Criminal AQQeaI No. 337 gf 2001 State of Chhattisgarh PELLANT Versus Present: 1 ' ‘Act 1915") against the‘ ordervdated 22—1—2001passed in Criminal Case- . ' No 27 of 2001 by the Judicial Magistrate First Class Raigarh whereby‘ the accused was conVIcted and sentenced till rismg of the court and to pay a fine of Rs;15/—,_in default of payment of flne, to further undergo S I 2. Brief facts are that on 10 1-2001 during patrolling the pelicecaught and arrested one Anita Mehar, reSIdent of Village Bayang who was illegally in possession of five litres'of country made liquor in a Jerri Cane in :her house. The case was tried summarily. The accused admitted her guilt Shri A.V. Shridhar, Panel Lawyer forgrthe appellant/State. Shri S.R.J. Jaiswal, counsel for the respondent. JUDGMENT (Delivered‘on 12July, 2009) ' This criminal appeal has been preferred by the State for enhancement of sentence awarded to the respondent/accused for offence punishable under Section ‘36 of the Chhattisgarh Excrse 'Act, 1915. (for short, “the for one day ‘ - a i .. i AP UR and was convicted and sentenced as mentioned in para 1 of the judgment Hencekihis appeal. ‘ 3. Learned counsel appeanng for the appellant/State submits that the sentence awarded and flne Imposed upon the accused/ respondent under Section 36 of the Act, 1915 is inadequate. Looking to the mtensuty ‘ the illel liquo, he resondent/accusedkwas not entitled for a lesser V _ of ga r t p pt unishmen n ppgn rne counsel app t ep rg t mter n urt o he gment ng r e crt . ou. 5. avin he led counse for te s, i have perue ir. r erd f the a ‘cort. Sectio 36 the aisgar xcis ct 19 a ndr - 15 reads s ue _ 3 ey fo ea se e o ful s a untit o an InXicn knowrng the same to hae ay f y tOat v e unull m mauactre ulted lte kg te . resce ut h e th h , be pule n or r 7 end to ont r ne w exd o o thsand re or h o 6 CSidri al h s d Circt f e e i m of the oneng l te fact an umsances o th cas a nsider opinion ht t lrne rt has htl aarde h ent and e amunt ccorda h th prons o cn 6 o the c 5 t y lea o y the Judgment and finding of the trial Court Thus no interference is called for in the judgment of conViction and order of sentence passed by the trial ‘ Court. 7_. ln view of the foregoing discussions, the appeal deserves to be and is 1 - mhereby dismissed. IRaju ’ . t . ouation lead earing for he rsondent aued he at I sppo f t Jud and findi arived at by th trial Hg ard earn l h partie sd the ente rco o tril u n of Chhtth Ee A, I ”6 Pnalt r illgl posssron - Whoevr .. Withut law authority ha in his possessron ny ben lawfy iported transported nfud ctiva or colecd nowln h _ pribd dy not to ave ben paid ereon sall nishab With imprisonmet f a tem which may ext six mhs o With fi hich may ten t ne ou upes Wit bth ” coed ta he ead trial Cou rigy wd te sence fin o in ance Wit e wsm f Setio 3 f At 191 and i do no find an ilglity r infirmit in