(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 29/8/2003 passed by the learned Third Joint Judicial Magistrate (First Class), Gandhinagar in Criminal Case No. 3686 of 1997 whereby the accused was acquitted of the charges leveled against him.
(2.) THE brief facts of the prosecution case are as under:
(3.) IT was contended by learned APP Mr. H.L. Jani that the judgment and order of the learned Joint Judicial Magistrate (First Class), Gandhinagar is not proper, legal and it is erroneous. He has also argued that the learned Joint Judicial Magistrate has not considered properly the evidence of witnesses. He has submitted that the Court below has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent -accused. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that the prosecution witness had clearly deposed in his deposition that the respondent -accused was found committing offence punishable under Sections 66(1)(B), 85(1)(3) of Bombay Prohibition Act. He further submitted that there was no reason for the learned Joint Judicial Magistrate to disbelieve the prosecution case and to acquit the respondent -accused.