STATE Vs. SHYAM NARAIN PRASAD

JUDGEMENT

(1.) This Government appeal is directed against a judgment of a Judicial Magistrate, with first class powers, of Patna.

(2.) The respondent, Shyam Narain Prasad, aged about 18 years, was found, on 24-11-1951, to be in possession of five bottles of country liquor with the U. P. Strength '50', each bottle containing 20 oz. of liquor. As he was in possession of more liquor than he could legally be in possession of, a report for his prosecution was filed on the basis of a report (Ext. 3) made by Kedar Nath Mahto (P. W. 1), Excise Assistant Sub-Inspector of Patna City. On this basis, he was put upon his trial before the learned Magistrate who acquitted him by his order dated 1-3-1952.

(3.) The fact that the respondent was found to be in possession of the aforesaid quantity of country liquor was not disputed in the trial court, and it has not been disputed in this Court on his behalf. The only question is whether he can be held guilty of having committed an offence under Section 47 (a), Excise Act read with Section 19 of that Act, the offence with which he was charged. It seems to be clear that the learned Magistrate has misdirected himself on the question of law. Sub-section (1) of Section 19, Bihar and Orissa Excise Act provides as follows: