EXCISE INSPECTOR Vs. RAGHAVAN

JUDGEMENT

(1.) Respondent wag found by the members of the "Thenmala Poura Samithi" carrying for sale unlawfully manufactured arrack in contravention of S.58 of the Abkari Act. He was apprehended and produced by them at about 8 p.m. on 10-1-1986 before the Thenmala Police Station. The police arrested the respondent and prepared a mahazar. He was then produced before the Excise Inspector with the arrack and mahazar with a further report that be committed an offence punishable under S.58 of the Abkari Act. The Excise Range Inspector, Pathanapuram prosecuted the respondent before the Judicial Second Class Magistrate, Punalur in Crime No. 4 of 1986 for having committed an offence punishable under S.58 of the Abkari Act. The Magistrate took cognizance of the offence and issued process under S.204. Respondent was arrested and produced before him on 31-7-1986. He stated particulars of the offence to the respondent and recorded his plea on the same day under S.251. Plea was not guilty.

(2.) Immediately thereafter on the same day the Magistrate, without hearing the prosecution and simply stating "This case coming on for the day's proceedings" proceeded to acquit the accused under S.255(1). The reasons alleged are:

(3.) The complainant - Excise Inspector has come up in appeal with leave.