STATE Vs. SHRINARAIN

JUDGEMENT

(1.) THIS is an appeal by the State from the judgment of the Munsiff-Magistrate, First Class, Gangapur, dated July 13, 1961, acquitting Shrinarain of an offence under sec. 54 of the Rajasthan Excise Act.

(2.) IT was alleged by the prosecution that the house of the accused Shrinarain was raided by Excise Inspector Chander Bhan Agarwal on the 13th of December 1959. He found the house locked and when he broke open the lock and took the search, he recovered 4-1/2 bottles of illicit liquor from it. Shrinarain was, accordingly, prosecuted under sec. 54 of the Rajasthan Excise; Act. The accused pleaded that illicit liquor was not recovered from his residence, and that he had no house in the locality from which the Excise Inspector is alleged to have made the recovery of illicit liquor.