Chhotey Lal vs State of U.P.

kamleshwar Nath, J.—This is a revision against the conviction of applicantrevisionist Chhotey Lal for an offence under Section 60 of the Excise Act wherein he was awarded a sentence of six months'' R. I. by the trial Court. The appelate Court dismissed the appeal. The only question of fact involved is whether the applicant Chhotey Lal was found to possess 5 Jerry cans of illicit liquor on 21783.

2 The matter figured before this Court in Criminal Revision No. 185 of 1986 filed by Lallan. The Revision was partly allowed and while the conviction of Lallan for the offence under Section 60 of the Excise Act was confirmed, the sentence of imprisonment was set aside and instead the revisionist was sentenced to pay a fine of Rs. 500 or in default of payment of fine to under go rigorous imprisonment for one month.

A perusal of the judgment under revision and the judgment of the trial court would show that the case of the revisionist Chhotey Lal coaccused with Lallan, is on full parity with the case of Lallan of Criminal Revision No. 185 of 1986. That being so there seems to be no reason to depart from adopting the view which was taken in Lallan''s case (supra).

4 The revision is partly allowed and while conviction of revisionist Chotey Lal for the offence under Section 60 (a) of the Excise Act is confirmed, the sentence of imprisonmenst awarded to him is set aside and instead he is sentenced to pay a fine of Rs. 500 (Five hundred) or in default of payment of fine to under go rigorous imprisonment for one month.

Revision partly allowed.