THE STATE OF GUJARAT Vs. SATUBHA JORUBHA RANA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28.10.2005 passed by the learned Addl. Sessions Judge and Presiding Officer, Fast Track Court no. 4, Palanpur in Criminal Appeal No. 15/2005, whereby, the learned appellate Judge has quashed and set aside the judgment and order dated 8.7.2005 passed by the learned 5th Addl. Senior Civil Judge and Judicial Magistrate, First Class, Palanpur in Criminal Case No. 1953/2002 and acquitted the original accused - the respondent herein, of the charges for the offence punishable under Section 66(1)(b) and 85(1)(3)of the Bombay Prohibition Act.

(2.) The brief facts of the prosecution case are that on 18.6.2002 at about 12.00 hours at noon, while complainant Ritesh H. patel, PSI, SRP Gr.III, was performing his duties as a Weekly Officer, respondent accused Satubha Jarubha Rana, SRP Gr. III, Madana (Dongia) was found in drunken condition without any pass or permit, who was not able to walk and talk due to his drunken condition, therefore, arrangement was made for panch witnesses and after drawing panchnama, offence was registered against the accused for the offence punishable under sec. 66(1)(b) and 85(1)(3) of the Bombay Prohibition Act. Necessary investigation was carried out and statements of several witnesses were recorded.

(3.) To prove the case against the present accused, the prosecution has examined 9 witnesses and also produced four documentary evidence.