EMPEROR Vs. LAXMAN KRISHNA NAIK

JUDGEMENT

(1.) THIS is an appeal by Government against the acquittal of accused No.1 who was charged with offences under Sub-section 38(1) and 47(a) and (c) of the Bombay Salt Act, 1890. The appeal does not relate to the acquittal under Section 47(c), but only relates to the acquittal under Sub-section 38(1) and 47(a).

(2.) THE facts are not in dispute. Accused No.2 hired a cart belonging to accused No.1 to convey contraband salt from Ankola, which is a customs-station within Section 36(b) of the Bombay Salt Act of 1890, and the cart was attached by the police within ten miles of Ankola, and the two accused were prosecuted. Accused No.2 was convicted, but we are not concerned with his case; we are only concerned with the acquittal of accused No.1.

(3.) THE decision of the learned Magistrate was right, and the appeal fails.