STATE GOVERNMENT Vs. ITHI

JUDGEMENT

(1.) THIS appeal is filed by the State Government of Madhya Pradesh under Section 417, Criminal P. C. against the order of acquittal passed by the Magistrate First Class, Nagpur, in Criminal Case No. 1753 of 1951.

(2.) THE respondents Vithi wife of Ganpat and Ambi mother of Ganpat were prosecuted under Section 6 (1) (a) and (g) of the Prohibition Act for being in possession of illicitly distilled liquor and also apparatus for its manufacture.

(3.) ON 29. 8. 19s1, head constable Nasir Ahmed (P. W. 1) along with constable Jadish Singh (P. W. 2) and Zongdu (P. W. 4) raided and searched the house of the respondents in their presence. A mobil oil tin containing illicitly 'distilled liquor about 1? bottles, a tin containing boiled 'mahua' and an earthen pot smelling of fermented 'mahua' were seized from their house as per seizure memo (Exhibit P. 1 ). The respondents were tried summarily for the above offences. Both of them denied that the articles were found in their house. Respondent Vithi stated that these articles-were implanted in their house.