Supreme Court of India · 1973-12-19
SRI CHAND BATRA vs STATE OF U.P.
- Citation / case number
- SC 1970/60184
- Court
- Supreme Court of India
- Petitioner
- SRI CHAND BATRA
- Respondent
- STATE OF U.P.
- Bench
- BEG, M. HAMEEDULLAH
Judgment text excerpt
The Supreme Court upheld the conviction under Section 60(a) of the U.P. Excise Act, 1910, affirming that the Excise Inspector's use of a hydrometer, along with other tests, was sufficient to conclude that the liquid was illicit liquor. The Court ruled that the determination of whether the recovered liquid was of prohibited strength is a factual question for the trial court, and the appellant's false defense indicated awareness of the incriminating nature of the recoveries. The Court also held that the Excise Inspector's opinion constituted expert evidence under Section 45 of the Evidence Act.