THE STATE Vs. KARTAR SINGH

JUDGEMENT

(1.) THIS is a State appeal against an order of Shri K.S. Minhat, Magistrate First Class, Amritsar, dated 24th April, 1962, acquitting the Respondent Kartar Singh of the charge under Section 61(1 )(a) of the Punjab Excise Act.

(2.) THE Respondent runs Halwai's shop in Kucha Kbair -ud -Din, Ram Bagh, Amritsar. He was prosecuted on the allegation that on the evening of 6th December, 1961, when his shop was raided by H. C. Roshan Lal, he attempted to escape, and on search of bis person a quarter -bottle containing six ounces of country made -liquor, bearing the label "Excellent Quantity Maharaja Dhiraj Spiced Spirit" was recovered from the right dub of the pyjama that he was wearing. At the commencement of his trial on 7th March, 1962, when a charge under Section 61(1)(a) of the Punjab Excise Act was framed against him, the Respondent pleaded not guilty but subsequently on 23rd April, 1962, the date fixed for the prosecution evidence, he volunteered the following statement:

(3.) THIS order of acquittal has been assailed by the learned Assistant Advocate General on the grounds: -