Guwahati Court May 1988 Judgments

Md. Siraj Ali Vs. State of Assam

Court: Guwahati

Srivastava, J.1. Md. Siraj Ali, the petitioner, was convicted by the Chief Judicial Magistrate, Nowgong in C.R. Case No. 3862/1979 for having committed an offence punishable under Section 4 of the Assam Liquor Prohibition Act, 1952, in that he was found in possession of three litres of illicitly distilled liquor contained in a football bladder, on a search made by the Assistant Excise Inspector, Nowgong Sadar Circle on 16-1-79. The petitioner was sentenced to R.I. for three months and to pay a fine of Rs. 100/- in default HF/AG/Ga 116/88/SMA to suffer further R.I. for seven days. The petitioner's appeal was dismissed by the learned Sessions Judge, Nowgong by order dated 28-1-82.2. Shri S. N. Bhuyan, learned Counsel for the petitioner, has made only one submission, that the petitioner could have been dealt with by the trial court and also by the appellate court under the provisions of Section 360 of the Code of Criminal Procedure hereafter for short 'the Code', but the Courts below di...