STATE OF RAJASTHAN Vs. HADMAN SON OF MAGAJI

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the respondents. Perused the record.

(2.) By way of this appeal filed under Section 378(iii) & (i) Cr.P.C., the State of Rajasthan seeks to assail the judgment dated 11.11989 passed by the learned Judicial Magistrate, Ist Class, Siwana in Cr. Case No. 85/85 whereby the learned trial court acquitted the accused persons from the charge under Section 19/54 of the Rajasthan Excise Act.

(3.) Facts in brief are that Inspector Excise Circle, Balotra claims to have recovered 220 bottles of country made liquor from a Jonga Jeep bearing no. RJC-2923 being driven by Magsingh with Hadman & Jhammatmal sitting along side him. The bottles containing liquor were seized and F.I.R. No. 54 dated 29.1.1985 was registered. The Excise Officer collected samples only from 11 out of the total 220 bottles seized by him and forwarded the same for chemical examination. Analysis report Ex.P-7 was received as per which all the eleven samples answered the test of liquor in positive. The trial court proceeded to acquit the accused holding that the collection of samples from 11 out of 220 bottles could only lead to an inference that 11 bottles contained liquor. The accused could not be held guilty for the remainder of the liquor bottles as the chemical examiner's report was not covering the remaining bottles. For reaching to this conclusion, the trial court relied upon the Single Bench judgment of this Court in the case of Shanker v. State of Rajasthan reported in 1985 WLN (UC)- 291.