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TMI Blog2015 (1) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... t by the trial court is also reduced to half, i.e. from ₹ 5,000/- to ₹ 2,500/-. The accused appellant shall pay fine within sixty days from the date of receipt of record by the learned trial Court. In the event of default in payment of fine, the defaulting accused shall have to undergo further imprisonment as directed by the judgment and order passed by the court below. Amount of fine, if any, deposited earlier in this regard before the learned trial Court, shall be adjusted by learned trial Court. - Decided partly in favour of appellant. - CRIMINAL APPEAL No. - 1229 of 2005 - - - Dated:- 15-1-2015 - Ashwani Kumar Singh,J. For The Appelant : Jawahar Lal Gupta, Dhirendra Kumar Singh,Mahendra Pratap Singh,Umesh Kumar Yadav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 4000 pouches of liquor was recovered. The Tata Sumo was bearing no. DL3C7- 2613. Appellant Yogesh Kumar on questioned informed that the truck was loaded at Kanpur and unauthorized banned liquor made in Patiala and to increase its intoxication, poisonous contents were added to it by Sant Bux Singh and his sons Dinesh, Ramesh, Rinku and Radhey Shyam and sold by them. On demand of licence, the appellant could not furnish the same. The appellant was arrested after being informed of his arrest; out of recovered pouches, 10 pouches of liquor was separated as sample. The bags were sealed, the sample pouches were also sealed, recovery memo was prepared at the spot, in pursuance thereof, loaded truck and Tata Sumo were taken into custody under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial court suggests that the learned trial Court has analyzed the evidence and reached to the correct conclusion that evidence recorded makes out a case under Section 60 of the Excise Act against the accused appellant. The other accused persons, namely Sant Bux Singh @ Keshu, Dinesh Singh, Ramesh Singh, Rinku Singh and Radhey Shyam were acquitted under Section 60 Excise Act and under Sections 272/273 I.P.C. Learned counsel for the appellant did not press the appeal on merits but submitted that the punishment of imprisonment may be reduced to the period already undergone by the accused appellant. It is submitted that the appellant has no other criminal antecedent and he remained in jail for some time. In view of the facts and circum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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