ROOP CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition under Sec. 482 Cr.P.C., the petitioner has challenged the order dt. 19.10.2015 passed by Additional Sessions Judge, Churu (hereinafter referred to as 'the revisional court') in Revision Petition No. 88/2014, whereby the revisional Court has dismissed the revision petition and affirmed the order dt 02.08.2014 passed by the Judicial Magistrate (First Class), Churu (hereinafter referred to as the trial court') in Criminal Case No. 172/2014, whereby the trial Court has framed charges against the petitioner for the offence punishable under Sec. 19/54 of Rajasthan Excise Act, 1950 (hereinafter referred to as 'the Act of 1950'). The argument of the petitioner before the revisional Court was to the effect that before making search in the premises of the petitioner, from where the illicit liquor was recovered, the officer, who had conducted the search, neither obtained search warrant nor recorded any ground of his belief that had the search warrant been obtained, the offender would have an opportunity of escaping or concealing evidence of the offence. It is submitted that in absence of compliance of sub-Section (1) of Section 47 of the Act of 1950, the charges framed by the trial Court against the petitioner for the offence punishable under Sec. 19/54 of the Act of 1950 is illegal and liable to be quashed. Learned counsel for the petitioner has, therefore, prayed that this criminal misc. petition may kindly be allowed and the impugned orders passed by the Courts below may kindly be set aside.

(2.) Per contra, learned Public Prosecutor has opposed the prayer of the petitioner and submitted that since the search was not conducted by the Excise officer and was conducted by a Police Officer, the provision of Section 47 of the Act of 1950 has no applicability in the present matter and the revisional Court has rightly dismissed the revision petition filed by the petitioner.

(3.) Heard learned counsel for the petitioner and perused the impugned orders as well as the charge-sheet