STATE OF GUJARAT Vs. SURESHBHAI S PATEL

JUDGEMENT

(1.) The Appellant-State of Gujarat, has preferred the present Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 05th May 1993 passed by the learned Judicial Magistrate First Class, Pardi, in Summary Case No. 2549 of 1992, whereby the learned Magistrate was pleased to acquit the Respondent-accused of the charges levelled against him.

(2.) The short facts of the prosecution case is that the complainant-Police Sub Inspector, Pardi, was on duty at night hours and while he was on patrolling, he received an information that Truck bearing No. 17T-3309 is proceeding from Daman and the Truck is carrying prohibited goods. On the basis of information received, the complainant along with his staff members had gone towards village Saran and kept watch on that road. It is also the case of the complainant that when the said Truck arrived, it was stopped by the complainant in presence of panchas. It is also the case of the complainant that the drive and the person sitting with the driver ran away on the spot. It was found that the Truck was carrying 309 boxes of imported liquor worth Rs. 03,24,440/-.

(3.) Therefore, a complainant with respect to the aforesaid offences was filed against the Respondent. Necessary investigation was carried out and statements of Panchas were recorded. Ultimately, the Respondent-accused was charge-sheeted before the Court of learned Judicial Magistrate First Class, Pardi, which was numbered as Criminal Case No. 2549 of 1992. Thereafter, trial was initiated against the Respondent-accused.