STATE OF GUJARAT Vs. BHARATSINH MOHBATSINH DODIYA

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 20.3.2004 rendered by the learned Judicial Magistrate, First Class, Sayla in Summary Case No.259 of 1998. The said case was registered against the present respondent original accused for the offence under Sections 66 (a)(b) and 65 (A) (e) of the Bombay Prohibition Act.

(2.) THE case of the prosecution is that the complainant, who was PSI Sayla Police Station at the relevant time has filed a complaint at Sayla Police Station being Prohibition C.R.No.72 of 1997 on 19.10.1997 alleging that he found two different types of 23 bottles of English wine from the respondent -accused in Government vehicle bearing No.GJ -3 -B -570 at about 11 hours on National Highway 8 -A at Muli -Sayla bypass.

(3.) IT is also the case of prosecution that as there was sufficient evidence against the accused persons, charge sheet was filed in the court of learned Judicial Magistrate, First Class, Sayla, for the offence as aforesaid. The learned Magistrate read over the charges to the accused person wherein the respondent accused has not pleaded guilty for the charges levelled against him and claimed to be tried. By the impugned judgment, the learned Magistrate was pleased to acquit the respondent.