STATE OF GUJARAT Vs. TUKARAM RAJARAM

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) The appellant - State of Gujarat has preferred this Appeal under Section 378(1)(3) of the Criminal Procedure Code challenging the order of acquittal dated 17th March, 2004 passed by learned Judicial Magistrate First Class, Gandhidham - Kutch in Criminal Case No. 2744 of 1997.

(3.) The short facts of the present case are as under: The respondent accused was charged and tried by the learned JMFC, Gandhidham-Kutch in Criminal Case No. 2744 of 1997 for the offences punishable under Sections 66(b), 66(e)(a) and 81 of the Bombay Prohibition Act and after recording the reasons for acquittal, the accused was acquitted vide order dated 17th March, 2004. It was the case of the prosecution that complainant Police Inspector P.V. Aasnani of Gandhidham Police Station had received information that the accused had brought foreign liquor at his house for the purpose of sale and therefore, the complainant along with his staff and two panchas raided the house of accused and seized 23 bottles of foreign liquor "Royal Doctor Brandy" valued at Rs.1150/- and due procedure was followed. As could be seen from the Rojkam, the charge could be framed only on 19th February, 2004 and within a short time i.e. on 17th March, 2004, the court came to the conclusion that accused is required to be discharged in exercise of power under Section 258 of the Code of Criminal Procedure.