2015 (1) TMI 761

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..... offence under Section 60 of the Excise Act and sentenced for a period of two years rigorous imprisonment and a fine of Rs. 5,000/-. In default of payment of fine further imprisonment for a period of six months. Brief facts of the case are that on 09.09.2003 Station Officer, P.S. Antu Manoj Kumar Pandey along with police force were patrolling and when they reached Chandrikan Bazaar, they met Head Constable R. P. Singh along with other 'sipoys' who informed them that two persons had unloaded a truck of unauthorized liquor in Chandrikan Jungle and the same was being loaded on Tata Sumo and being carried away. On this information, the police party reached Chandrikan Jungle and found one truck and one white coloured Tata Sumo and few p .....

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..... 7.3 and 26.8. The second report of Vidhi Vigyan Prayogsala, Lucknow dated 09.09.2004 indicated that a ethyl alcohol was found in the recovered liquor. After investigation charges under Section 272, 273 I.P.C. in Case Crime No. 163 of 2003 and in Case Crime No. 162 of 2003 under Section 60/72 Excise Act were found and charge sheet was submitted. Charges under Section 60 Excise Act and Section 272, 273 I.P.C. were framed on 11.1.2005. Accused persons pleaded not guilty and offered to be tried. The prosecution in order to prove its case examined P.W.-1 S.I. Rajendra Pratap Singh and P.W.-2 S.I. Manoj Kumar Pandey, Excise Inspector D. K. Verma as Court witness No.1. Genuineness of the record produced by prosecution were accepted by the accuse .....

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..... 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. The Office is directed to send the lower court record along with copy of the judgment to the learned trial court, without delay, so as to ensure that it reaches the learned trial court within twenty days from today. With the above observations, the appeal is disposed of, in such a fashion that it is partly allowed. The conviction is confirmed but the sentence is mo .....

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