STATE OF RAJASTHAN Vs. TAJ MOHD.

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment of the Judicial Magistrate, First Class, Jhunjhunu dated the 31st October, 1974, by which the trial Magistrate acquitted the accused respondents, namely Taj Mohd. and Yasin, under Section 56(a) of the Rajasthan Excise Act, 1950.

(2.) THE facts of the case as narrated by the appellant in the memorandum of appeal and reiterated during the argument are as under:

(3.) THE prosecution produced four witnesses, namely, Nathu Singh (PW 1), Jawala Prasad (PW 2. Bhagwan Singh (PW 3), Babulal (PW 4) who supported the prosecution case, but the accused produced in defence the special permit in the name of one Shri Madhu Ram. It was signed by Assistant Excise Officer and the learned Magistrate acquitted the accused of charge as mentioned above.