NAGAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order dated June 11, 1992 of the Munsif and Judicial Magistrate, Sambhar Lake, whereby charge under Sec. 16/54 of the Rajasthan Excise Act has been framed against him.

(2.) The prosecution case is, that the Head Constable Kesar Singh, accompanied by Hari Mohan and Santu Singh constables, was patrolling on June 20, 1989, When they were near the Bus Stand Baghal, they saw a jeep bearing registration No. MGR 1530. They wanted to stop the jeep, but the driver, seeing the police party, took the jeep with a fast speed without stopping it. This strengthened the suspicion, which the police party had. It is alleged that after some distance, the jeep was stopped, and on a search the police personnel found 15 gunny bags containing country made liquor in bottles. As per the prosecution case, the jeep was being driven by the co-accused Bhura Ram, and the co-accused Richpal was also found sitting in it. Against the petitioner, the accusation is that he ran away after getting down from the jeep and the name of the petitioner was given to the police party by co-accused Bhura Ram. The prosecution case further is, that in the jeep the liquer was being transported without a valid licence. It is alleged that the goods belonged the co-accused Richpal, but at some places it has been stated that the goods belonged to the co-accused Richpal and the petitioner.

(3.) FIR of the incident was ledged at the police Station, Renwal by the Head Constable Kesar Singh. After registration of the case under section 16/54 of the Excise Act on 20-1-89 the investigation commenced. The petitioner was arrested by the police on 21-1-89, i.e. the next day of the occurrence. After completion of the investigation, a charge-sheet was submitted against Bhura Ram, the driver of the jeep, Richpal son of Daluram and the petitioner Nagar Mal, The learned Magistrate by the impugned order framed the charge against the petitioner and the other co-accused under section 16/54 of the Rajasthan Excise Act.