STATE OF GUJARAT Vs. MULJI HANSRAJ

JUDGEMENT

(1.) These two appeals are directed by the State of Gujarat against the orders of acquittal passed by the Judicial Magistrate First- Class Kodinar who acquitted the respondents-accused for the commission of various offences under the Prohibition Act in Summary Cases Nos. 798 and 799 of 1972. It may be mentioned at this stage that the aforesaid two cases before the learned Magistrate were tried together with the consent of the parties and common evidence was recorded by the learned Magist- rate in respect of both the cases.

(2.) It was alleged that accused No.1 was guilty of possession and consumption of liquor under sec. 65 (i)(b) of the Bombay Prohibition Act 1949 and also under secs. 65(a) 68 81 and 84 of the said Act. It was alleged that accused No. 2 was guilty of committing an offence punishable under sec.1 66 (i) (b) for consumption (and not for possession) and also guilty of other offences punishable under secs. 84 85 and 81 of the said Act. It was further alleged that accused Nos. 2 to 8 were guilty of consumption of liquor under sec. 65(1)(b) of the Prohibition Act and also under secs. 84-81 of the said Act.

(3.) The learned Magistrate acquitted all the accused persons for the commission of the alleged offences. It is under these circumstances that the present two appeals are filed in this court.