Sukru vs Emperor

The accused in this case was convicted on his own plea of being in possession of illicit liquor and was sentenced u/s 60(a) of the Excise Act to one and a half months'' rigorous imprisonment. The statement of the accused which the Magistrate apparently accepted was that his son was ill and that he had brought a small quantity of liquor from his brother-in-law. The Magistrate was of opinion, as he states in his explanation, that u/s 71 of the Act the presumption was that the accused had himself manufactured the liquor. No such presumption arises in the case. The only presumption is that the accused was in possession of an excisable article. This, however, the accused himself admitted. Under the circumstances the sentence of imprisonment was unduly severe and was not called for. I accordingly reduce the sentence to one of a fine of Rs. 10 or, in default, to one week's rigorous imprisonment. If the fine is paid the bail bond given by the accused will be discharged.