STATE OF GUJARAT Vs. JAYANTILAL VRAJLAL KHATRI

JUDGEMENT

(1.) Heard learned APP Shri Nanavaty for the appellant State. Notice is not received back from the respondent.

(2.) The appellant State of Gujarat has preferred this appeal under section 378 (1) (3) of the Criminal Procedure Code challenging the acquittal order dated 23/4/2004 passed by learned JMFC (Court No.3), Gandhinagar in Criminal Case No. 1624 of 1995 acquitting of the accused of the charge of committing offence under section 85(1)(3) and 66(1)(B) of Bombay Prohibition Act.

(3.) Short facts leading to filing of this appeal deserves to be set out as under. The respondent accused was facing charge and was tried by learned JMFC, Gandhinagar in Criminal Case No. 1624 of 1995 for the offence punishable under section 85(1)(3) and 66(1)(B) of the Bombay Prohibition Act (herein after referred to as the 'Prohibition Act' for brevity). The Head Constable Jayantilal Vrajlal Khatri, i.e. the accused on 27/1/1995 was found in drunken condition in Sector No. 17, Gandhinagar, hence the offence was registered and after recording plea of not guilty trial began . The Court after appreciating evidence on record came to the conclusion that the prosecution has failed in establishing the case against the accused of non-acquitting him for the charge of committing offence under the Prohibition Act and hence passed the order of acquittal dated 23/4/2004 which is impugned in this appeal.