STATE OF RAJASTHAN Vs. DHAN RAJ

JUDGEMENT

(1.) This is a State appeal filed by the State of Rajasthan against the judgment and order dated 11.4.1980 passed by the learned Additional Sessions Judge, Udaipur by which he allowed the appeal filed by the accused-respondent and set aside the judgment and order dated 6.6.1978 passed by the Judicial Magistrate No. 2, Udaipur by which Judicial Magistrate No. 2, Udaipur convicted the accused-respondent under section 54(A) the Rajasthan Excise Act, 1950 (hereinafter referred to as 'the Act of 1950') and sentenced him to six months R.I. and fine of Rs. 1,000.00 and in default of payment of fine, to further undergo three months S.I.

(2.) It arises in the following circumstances :

(3.) Since accused-respondent was not being represented by any counsel, this Court on 18.7.2000 appointed Shri L.D. Khatri, Advocate as amicus curaie to plead the case of accused-respondent in this appeal.