STATE OF RAJASTHAN Vs. RANA

JUDGEMENT

(1.) TEJ Raj, Officer Incharge, Government Railway Police Station, Jodhpur, submitted a complaint before the Special Judicial (Railway) Magistrate, Jodhpur, that Rana, respondent, was found coming out of a compartment of 98 down train at 6-30 a. m., on January 10, 1963. with a suit case in his hand, by Danaram, Head Constable. After sometime that suit case was searched and from it 50 Grams of illicit 'Charas' was recovered. It was prayed that action be taken against Rana under sec. 54, Rajasthan Excise Act, 1950 (hereinafter called the Act). On this complaint, Rana was tried by the learned Magistrate of the charge under sec. 54(a) of the Act. The accused denied the possession of the 'Charas'. He was convicted by the Special Judicial (Railway) Magistrate, of the offence under sec. 54(a) of the Act and was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default of payment of fine to undergo further rigorous imprisonment for three months. On appeal by the respondent, he was acquitted by the learned Sessions Judge, Jodhpur. Hence this appeal on behalf of the State.

(2.) DURING the course of argument learned counsel for the respondent raised the point that the Special Judicial (Railway) Magistrate could not have taken cognizance of the offence as sec. 67 of the Act provides that "such cognizance can only be taken on a complaint by a Magistrate on his own knowledge or suspicion or on a complaint or the report of Excise Officer and Shri Tej Raj was not an Excise Officer within the meaning of that term under sec. 3(7) of the Act.