Jalam Banjara vs The State Of Madhya Pradesh
2023 Latest Caselaw 3997 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 14 th OF MARCH, 2023
                  CRIMINAL REVISION No. 692 of 2023

BETWEEN:-
JALAM BANJARA S/O SHRI BHAGWAN SINGH @
BHAGGU BANJARA, AGED ABOUT 33 YEARS,
OCCUPATION:  LABOUR   R/O  GRAM CHHAJJU
BARKHEDA ARKSHI KENDRA KACHNAR DISTRICT
ASHOKNAGAR (MADHYA PRADESH)

                                                            .....PETITIONER
(BY SHRI SANJEEV KUMAR AGRAWAL - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION ARON DISTRICT GUNA (MADHYA PRADESH)

                                                          .....RESPONDENT
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)

      This revision coming on for admission this day, th e court passed the
following:
                                     ORDER

Instant criminal revision under Section 397 read with Section 401 of Cr.P.C has been preferred by present applicant against the judgment dated

07.02.2023 passed by IVt h Additional Sessions Judge, District Guna, in Criminal Appeal No.114/2019 confirming the judgment dated 08.05.2019 passed by Chief Judicial Magistrate, District Guna in Criminal Case No.712/2016, whereby the applicant has been convicted under Section 34(2) of M.P. Excise Act and sentenced to undergo one year's rigorous imprisonment with fine of Rs.25,000/- with default stipulation.

Prosecution case, in short, is that on 23.03.2016, the Assistant Sub- Inspector received an information that a person was selling country-made liquor in village Munda Khejra, on which police force reached the spot. They saw a person who on seeing them started running. Police caught hold of him and and asked his name, on which he stated his name as Jalam Singh. The accused was found in possession of 58 liters of liquor contained in the Cans, for which he was not having any valid license. He was arrested and liquid sample was taken for examination. After examination, it was found that seized liquor was country- made liquor. Said liquor was seized and Crime No.91/2016 was registered against the applicant. After investigation, charge-sheet was filed. After trial,

petitioner has been convicted & sentenced as stated above. Being aggrieved, the applicant preferred a criminal appeal before the lower appellate Court which vide impugned judgment dated 7.2.2023 dismissed the appeal preferred by the applicant. Being dissatisfied, the instant criminal revision has been preferred.

It is the submission of learned counsel for the petitioner that no chemical analysis of liquid liquor seized from the possession of applicant was made, and therefore, conviction of the petitioner is against the law laid down in by the Coordinate Bench of this Court in the case of Dulchand Vs. State of M.P., 1980-I MPWN 31 and the Apex Court in the case of State of Andhra Pradesh vs. Madiga Boosena & Ors., 1967 AIR 1550.

Learned Public Prosecutor made submission that as per para 20 of the judgment of the trial Court and evidence of Excise Sub-Inspector, who conducted the examination, it is quite clear that during examination he took chemical test through litmus paper by which he confirmed that said liquid was country-made liquor. Thereafter, he also conducted mechanical test through Hydrometer and Thermometer and is of the opinion that said liquid is alcohol.

Heard learned counsel for the parties and perused the record. Looking to the evidence of Sub-Inspector and his report (Ex.P/5), it is not disputed that he has conducted chemical examination of the sample through litmus paper and mechanical examination by Hydrometer and Thermometer. Only on the ground that sample was not sent to laboratory, his evidence could not be disbelieved.

Accordingly, this revision sans merit and is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan ADNAN Digitally signed by ADNAN HUSAIN ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

HUSAIN GWALIOR, 2.5.4.20=43f3ff8f444225f9f0d9c3049710 5abb80e91238ac53cf96a7b005e256158 275, postalCode=474001, st=Madhya Pradesh,

ANSARI serialNumber=922E3DC382E0127257CE 0DCC4E29CD410E0BF39FAB6AA6DCB8 1675BB2AF2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.03.16 10:39:29 +05'30'