STATE OF CHHATTISGARH Vs. DUKHANI SHAH

JUDGEMENT

(1.) This is an admitted appeal. It is heard finally.

(2.) This appeal has been preferred by the State against the judgment and order of acquittal dtd. 13/11/2009 passed by the Chief Judicial Magistrate, Raigarh in Criminal Case No.1205 of 2006, whereby the Learned Chief Judicial Magistrate has acquitted the Respondent/accused of the charge under Sec. 34(1)(a) of the Chhattisgarh Excise Act.

(3.) Learned Counsel appearing for the Appellant/State submits that the Trial Court has acquitted the Respondent/accused giving benefit of doubt on the ground that the case is pending since 2006 and much opportunity has already been given to the prosecution for examination of their witnesses, but, the fact is that not a single prosecution witness could be examined. Learned Counsel further submits that though on some occasions summons were issued, the Trial Court did not try to find out whether service of those summons on the witnesses were effected or not. The Trial Court has not made any serious effort for securing appearance of prosecution witnesses before it. Therefore, the acquittal is not proper on the ground of non-examination of any of the prosecution witnesses.