STATE OF RAJASTHAN Vs. RAJ PAL SINGH

JUDGEMENT

(1.) This appeal has been filed by State of Rajasthan against the Judgment and order dated 5-2-87 passed by the Munsif and Judicial Magistrate, Rajgarh district Churu, in Cr. case No. 228/80 by which accused respondent was acquitted of the offence under Section 4 (1) (a) and 4 (2) of the Rajasthan Prohibition Act.

(2.) The case of the prosecution is that on 29-10-1979 at about 2 P.M. P.W. 1 Nathu Lal, Excise Inspector, along with his party Kuldan P.W. 2, while going from Rampura then at Kumharon wali Johardi, one person seeing them running away and thereafter that man was apprehended and brought to the place wherefrom he ran away and in that place 28 bottles of illicit liquor were recovered and those were in a drum and when he was asked about his name then he told his name as Raj Pal Singh, accused/Respondent. Farad of seizure was prepared as Ex. P.1 and sample of that liquor was taken and after investigation, challan was filed against the accused respondent for the said offences.

(3.) Charges of Section 4 (1) (e) and 4 (2) of Rajasthan Prohibition Act were framed against the accused respondent by the trial Magistrate on 21-6-84, and on behalf of the prosecution 2 witnesses were produced and statement of accused under Section 313 Cr.P.C. was recorded and one witness was produced in defence.