STATE OF RAJASTHAN Vs. GOKUL

JUDGEMENT

(1.) This is a State appeal against the acquittal of the accused respondent Gokul for the offence under section 16/54 of the Rajasthan Excise Act.

(2.) The petitioner was prosecuted under section 16/54 of the Rajasthan Excise Act for being found in possession of illicit liquor. A charge sheet was filed against the accused respondent by the Excise Inspector in the court of the learned Magistrate who took cognizance of an offence and summoned the accused. But during the trial of the case taking note of a decision of this court in S.B. Criminal Revision No. 237/76, Bhagwana Vs. State of Rajasthan , the learned Magistrate held that the Excise Inspector was not an Excise Officer and hence the Magistrate could not have been taken cognizance of an offence on his report, and acquitted the accused. The aforesaid view cannot be said to be good law no longer in view of a Division Bench. Decision of this court in State Vs. Lachman , decided on Aug. 12, 1980. In the aforesaid case a view has taken that an Excise Inspector is an Excise Officer and as such the Magistrate can take cognizance of an offence on his report.

(3.) The result of the above discussion is that the appeal is allowed. The judgment of the learned Magistrate dated 6.3.1980 acquitting the accused is set aside. The case is remanded back to the learned Magistrate and it is directed that he shall restore the case to its original number and thereafter try the case afresh in accordance with law. Appeal allowed.