STATE OF RAJASTHAN Vs. DHUDA SINGH

JUDGEMENT

(1.) This appeal arises on leave granted by this Court under section 378, Cr. P.C. against the judgment, dated June 30, 1978, of the Judicial Magistrate, 1st Class, No. 2, Hanumangarh, acquitting the accused respondent for the offence under Section 54(a) of the Rajasthan Excise Act, 1950 (herein-after referred to as the Act).

(2.) The brief facts, giving rise to the present appeal, are as follows: Shri Ghanshyam Dass Assistant Sub-Inspector, Police Station, Tibi, while on petrol duty on January 24, 1977, noticed that the accused who was coming from the Talwara side was trying to run away on seeing the police party. This aroused suspicions and Shri Ghanshyam Dass stopped the accused near the Home-Signal, and searched his person. One bottle of liquor was found in his possession. It was seized and sealed. The bottle was sent to the State Forensic Science Laboratory for analysis. On examination it was found to contain liquor having 65.88 under proof ethyl-alcohol. After investigation, a charge-sheet was filed against the accused in the Court of Judicial Magistrate, Hanumangarh. There the accused was tried for the offence under section 54 (a) of the Act.

(3.) After trial, the Judicial Magistrate, by the judgment dated June 30, 1978, acquitted the accused on the ground that the search held by the Assistant Sub Inspector was illegal and unauthorised and had caused material prejudice to the accused. Aggrieved by the aforesaid judgment of acquittal, the State of Rajasthan has come up in appeal to this Court after having obtained leave.