STATE OF RAJASTHAN Vs. BHANWAR

JUDGEMENT

(1.) THIS reference has been made by the Judicial Magistrate First Class, No. 2 Sriganganagar, under section 318 of the Code of Criminal Procedure, 1973.

(2.) ACCUSED Bhanwar the opposite party in this reference, alongwith accused Maniram, was prosecuted before the Judicial Magistrate in respect of offence under section 19/54 of the Rajasthan Excise Act, 1950, (hereinafter referred to as "the Act. " ).

(3.) THE Judicial Magistrate, by his judgment dated May 3, 1982, acquitted accused Maniram on the ground that accused Maniram was not present in the house at the time when the search was made and the possibility could not be excluded that the liquor was brought in the house during the absence of accused Maniram. According to Judicial Magistrate there was no evidence to connect accused Maniram with the illicit liquor that was recovered from the house and it cannot be said that accused Maniram was aware of the presence of the 22 bottles of liquor in the house. THE Judicial Magistrate, has, however, convicted accused Bhanwar of the offence under section 54 (a) of the Act on the view that accused Bhanwar was present at the time when the search of the house was made and 22 bottles containing illicit liquor were recovered and that from the aforesaid circumstance it is established that accused Bhanwar was in conscious possession of the aforesaid 22 bottles containing illicit liquor. After recording the aforesaid conviction the Judicial Magistrate has made this reference to this Court under section 318 Cr. P. C. on the ground that accused Bhanwar, being deaf and dumb, was unable to understand the proceedings.