STATE OF GUJARAT Vs. SENDHAJI MOHANJI

JUDGEMENT

(1.) This is States appeal against an order of acquittal passed by the learned Metropolitan Magistrate 2 Court Ahmedabad acquitting the respondent-accused for the offenses under secs. 67 and 66(b) of the Bombay Prohibition Act (the Act).

(2.) A few facts may be stated to appreciate the points which arise for consideration in this appeal. On information received the police raided the place of the accused in Kadias chawl Chamanpura Ahmedabad and from a back room of his house drums containing a liquid appearing to be liquor were found. Samples were taken in from the said drums in three bottles and after performing the necessary formalities of sealing bottles and affixing slips thereon in the presence of panchas the samples were sent for analysis to the chemical analyser. The chemical analysers report showed that the sample bottles contained diluted denatured spirit. The accused was thereupon prosecuted for the aforesaid offenses punishable under secs. 67 and 65(1) (b) of the Act. The learned Magistrate on the evidence led before him found that the samples analysed showed that the bottles contained diluted denatured spirit which was not potable and was not fit for being used as an intoxicant. He therefore recorded a finding not guilty against the accused and acquitted him of the offenses with which he was charged. It is this order of acquittal which is challenged by the State in this appeal.

(3.) Mr. Vaidya the learned Public Prosecutor submits that the learned Magistrate erred in acquitting the accused on the ground that as the liquid was diluted denatured spirit the accused could not be held guilty of possessing any spirit in respect of which he knew or had reason to believe that any such alteration or attempt to alter as provided in sec. 21 of the Act was made. It is also submitted by Mr. Vaidya that the learned Magistrate also erred in not convicting the accused for the offense under sec. 65 (1) (b) because the and chemical analysers report in terms shows that the sample analysed contained alcohol percentage whereof was set out in the report under the head Quantitatives.