STATE OF RAJ. Vs. DALIP SINGH

JUDGEMENT

(1.) This is an appeal by the State directed against the judgment of acquittal of the learned Judicial Magistrate, Hanumangarh dated 5-11-75 passed in Criminal Case No. 201/75.

(2.) The facts need not be stated at length. A challan was submitted by the Excise Inspector against the accused under Sec. 54 (a) of the Rajasthan I Excise Act, 1950 (hereinafter to be referred as 'the Act"). It was alleged that accused was found in possession of working still/illicit liquor. The learned Magistrate acquitted the accused on the ground that the Excise Inspector, who submitted the challan, was not an Excise Officer as defined in the Act. In doing so, he followed the observations made by this Court in Bhagwana Vs. The State of Rajasthan, decided on 28-3-79 (1979 Cr. L. R. Rajasthan 589) .

(3.) The view taken in Bhagwana's case has been reversed by a Division Bench of this Court in the State of Rajasthan Vs. Laxman Singh, decided on 12-8-80 (1980 R.L.W. 495) .