STATE OF MIZORAM Vs. M ANAND

JUDGEMENT

(1.) Heard learned Public Prosecutor for the petitioner-State as well as Mr. George Raju, learned counsel for the respondent.

(2.) This petition under Art. 227 of the Constitution of India is directed against the order of discharge passed by the learned Magistrate, 1st Class, Aizwal in GR case No. 2308/99 under S. 8(1) of the Mizoram Liquor Total Prohibition Act (MLTP Act) solely on the ground of non-availability of the case record from the Bench section of that Court, since there is no provision of appeal provided under the Act against such type of order of discharge, the State preferred this petition.

(3.) On 22-2-2000 being the date fixed for hearing of the Criminal case bearing number G.R. 2308/99, the accused appeared but the case record was found missing. Waiting sometime, the learned Magistrate discharged the accused of the charge of having committed offence under S. 8(1) of the MLTP Act. After some time, on the said date, the record was found traceable and was placed before the learned Magistrate by the Bench Assistant, but unfortunately, the learned Magistrate declined to entertain the case purportedly on the ground of having been functus officio as he already discharged the accused and closed the case. The aforesaid factual aspect remains not disputed by the learned counsel for the accused-respondent.