EXCISE DEPARTMENT Vs. CHOTA HANMANTHU

JUDGEMENT

(1.) THIS is an appeal submitted by ft State against the order of acquittal passed by the Mag. of Alampur dated 13 4-1357 F.

(2.) THE Mag. stated in his order that no. body was present on behalf of the Abkari Department, and as the accused was present and the case was one in which a summons was ordinarily to be issued, the case is dismissed for default under Section 219, Hyd. Cr. P. C. and the accused is acquitted.

(3.) LEARNED Advocate for applt. argued that the order of dismissal for default was contrary to law. He also states that a petn. for adjourn, meat was sent through the Sub-Inspector of Abkari, but that he could not submit the same in Ct in good time due to sickness of his wife.