STATE Vs. CHHOGA LAL

JUDGEMENT

(1.) THIS is an appeal Under Section 378(1) Cr. PC. against the judgment dated May 1, 1980 passed by the Additional Sessions Judge, Udaipur, by which he acquitted the accused respondent and reversed the conviction and sentence passed by the Judicial Magistrate to 1st Class, Udaipur, in Cr. Original Case No. 651/1974.

(2.) FOR the present purpose the material facts are there - -The accused respondent was prosecuted for offence Under Section 54/67 of the Rajasthan Excise Act, 1950 (here in after referred to 'the Act') so he was found in possession of working still illicit liquor. A challan was presented by the Excise Inspector. The Judicial Magistrate No. 1, Udaipur, took cognizance of the offence and tried the case. He by his order dated July 4, 1978, convicted the accused respondent Under Section 54 of the Act and sentenced him to 4 months rigorous imprisonment and a fine of Rs. 300/ -. In default there of to suffer rigorous imprisonment for month. The accused -respondent filed an appeal and the learned Additional Sessions Judge, Udaipur, by his order dated May 1, 1980, accepted the appeal and set aside the conviction and sentence on the ground that the Excise Inspector is not an Excise Officer and so he was not competent to file a charge sheet. Aggrieved the State of Rajasthan has filed this appeal.

(3.) WE allow this appeal and set aside the order of acquittal dated May 1, 1980, passed by the additional Sessions Judge, Udaipur, and send the case back to the Additional Sessions Judge, Udaipur, to dispose of the appeal afresh in accordance with law after giving the parties concerned an opportunity of hearing.