STATE OF RAJASTHAN Vs. MACHHAR SINGH

JUDGEMENT

(1.) THIS appeal arises on leave granted by this Court on November 24, 1978 under Section 371(3) of the Code of Criminal Procedure against the judgment dated June 19, 1978 of the Judicial Magistrare, First Class No. 2, Hanumangarh acquitting the accused for the offence under Section 54(a) of the Rajasthan Excise Act, 1950 (here in after referred to as 'the Act').

(2.) THE prosecution story in brief was that Rikhashpal Singh, Assistant Sub -Inspector of Police had gone to the Tube -well of Karnail Singh in village Talwara in connection with the investigation of case No. 141/75 on January 9, 1976. At about 3.15 p.m. he saw the accused coming from the opposite side. The prosecution case is that the accused seeing the police tried to runaway. He was however apprehended by the Assistant Sub -Inspector. On his personal search, 2 bottles of illicit liquor were recovered from him. A case was registered at the Police Station, Tibi, District Sri Ganganagar Under Section 54 of the Act. Aftter investigation the accused was challaned in the court of Judicial Magistrate, Hanumangarh. After trial, the Judicial Magistrate, Hanumangarh by the judgment datad 19th June, 1978, acquitted the accused on the ground that Asstt. Sub -Inspector who conducted the investigation was not competent and as such the cognizance taken by the learned Magistrate was without jurisdiction. Aggrieved by the aforesaid order of acquittal the State has filed the present appeal. The State filed on application for leave to appeal under Section 378(3), Cr. PC which was granted by this Court on November, 24, 1978.

(3.) THE result is that the appeal is dismissed.