STATE Vs. RAM NIWAS

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment and order dated August 19, 1988 passed by Munsif & Judicial Magistrate, No. 1, Baran (Raj.) in Criminal Case No. 28/87, by which he acquitted the accused-respondent Ramniwas for the offence under Section 16/54 of Rajasthan Excise Act.

(2.) The necessary facts giving rise to this appeal in short are as follows : That on August 10, 1986 when Excise Inspector Chand Prakash (PW-1) was on duty, he saw the accused-respondent Ramcharan was going on on motorcycle towards Mandola Ward and Excise Inspector stopped him and inspected him. During the inspection the Excise Inspector has found 35 bottles of illegal liquor from the accused-respondent rubber-bag and he sealed the bottles. The complaint was registered and investigation started and one sample was sent to the public analyst and after getting report from the public analyst, the Excise Inspector filed a challan before the Munsif & Judicial Magistrate, No.1, Bundi under Section 16/54A of the Rajasthan Excise Act.

(3.) The charges under Section 16/54A of the Rajasthan Excise Act were read over and explained to the accused-respondent who pleaded not guilty and claimed trial.