STATE OF MAHARASHTRA Vs. DATTATRAYA NARAYAN MANDAVKAR

JUDGEMENT

(1.) There is no merit in this appeal preferred by the State against the order of acquital of the respondent passed by the Judicial Magistrate, First Class, Shriwar-

(2.) The prosecution case against the accused in short was that on April 17, 1974, when the complainant P. S. I. Homkar who is the Excise Officer along with one Nana Khot were proceeding for inspection of toddy and jiquor shops. On their way tbey came to village Bharna and at that time they saw the accused coining with a gunny bag bundle on his head. On search it was found to contain a plastic can containing 18 liters of illicit liquor. The accused was therefore taken to Borli out post. At the out post panchanama of the liquor in question was made, sample was taken and the articles were attached and sealed, and thereafter a complaint agains the accused was lodged. The sample bottle was therefter sent by the police to the Chemical Analyser for his report. OB receipt of the report, the accused wat prosecuted for an offence under section 66 (1) (b) of the Bombay Prohibition Act.

(3.) At the trial the prosecution relied an (he evidence of the Excise Officer and one Sakharara Pawar who was a sepoy working in the Department as well as Anna Khot who acted as a panch at the time of the seizure of the liquor alleged to have been carried by the accused .The accused denied to have committed any offence. On a consideration of the evidence, the learned Magistrate acquitted the accused. The State has, therefore, come in appeal.