EXCISE DEPARTMENT Vs. MAGIAH

JUDGEMENT

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

(2.) THE Magistrate baa stated in his order that nobody 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, Hyderabad Criminal P. C. , and the accused is acquitted.

(3.) LEARNED Advocate for the appellant argues that the order of dismissal for default is contrary to law. He also states that a petition for adjournment was sent through the Sub-Inspector of Abkari, but that he could not submit the same in Court in good time due to sickness of his wife.