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2014 (7) TMI 1006 - HC - Indian LawsOffice under Section 34(1)(a) of the Chhattisgarh Excise Act, 1915 - illicit liquor - validity of conviction recorded by Judicial Magistrate First Class - sentence awarded to him is reduced to simple imprisonment for one month - Held that:- Chemical examination of illicit liquor is not mandatory, it can be proved in any other manner relying upon the other tests - test report submitted by Mukesh Agrawal, Excise Sub Inspector after holding the litmus and smell test identifying the liquor as intoxicant is clearly acceptable and Mr. Mukesh Agrawal, Excise Sub Inspector can be treated as an expert within the meaning of Section 45 of the Evidence Act and the trial Court and the appellate court have not committed any illegality in accepting the said report, identifying the liquor as intoxicant. It is well settled that scope of revision under Sections 397/401 of the Cr.P.C. is very limited. The trial Court as well as appellate Court have concurrently held that prosecution has succeeded in establishing the offence under Section 37(1)(a) of the Act of 1915 beyond reasonable doubt. After examining the said finding, this Court has reached to the conclusion that finding of fact recorded by both the courts below are based on evidence available on record. Once the finding of fact based on evidence available on record, this Court in excise of its revisional jurisdiction would not interfere with the finding of fact so arrived into. - revision petition dismissed - decided against the petitioner.
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