STATE OF RAJASTHAN Vs. VARDHA RAM

JUDGEMENT

(1.) The relevant fact in the appeal/revision is that the Excise Inspector filed a challan against the respondent or respondents under the Rajasthan Excise Act. An objection was taken by the respondent (s) in the trial court that the complaint could not be filed by the Excise Inspector and, therefore, the trial court could not take cognizance of the offence. This plea was up held and consequently the respondent (s) was/were acquitted.

(2.) It is argued by the learned Public Prosecutor that the view taken by the trial court is not tenable in view of the Division Bench decision of this Court in D.B. Criminal Appeal No. 152 of 1980 and 199 of 1980, State of Rajasthan Vs. Rooparam, (1980 Cr. L.R. Raj 557. ) The learned counsel for the respondent (s) could not effectively meet this contention. It was thus observed in the said authority -