STATE OF RAJASHAN Vs. RAM GANESH, BHAJJAN LAL

JUDGEMENT

(1.) Prosecution challenges respondents' acquittal for the offence of Section 54A, Rajasthan Excise Act recorded per judgment dated 2.2.89 in Criminal Case No.445/85.

(2.) Brief facts, as per prosecution, are that Deputy Superintendent of Police PW 5 on 29.3.80 going to Chunavat in connection with some investigation, on way, observing a jeep No. PBF 670 loaded with wine cartons, stopping it, searched jeep driven by Bhajjan Lal and one was sitting e Ram Ganesh who on asking produced a permission letter No.2906 of 25.3.80, which beared names of consignor and consignee both - on search in jeep were found about 17 packets or cartons having described number of holder containing total 309.9 litres, whereas permission/permit was only of 180 litres, so articles were seized and sample from each 17 cartons taken. Preparing recovery memo Ex.P1, memo of place of occurrence is Ex.P2 and site plan Ex.P3 Ram Ganesh and driver Bhajjan Lal arrested. Registering FIR, obtaining FSL report etc., charge-sheet submitted. Among the prosecution witnesses examined PW 5 is seizure officer, ASI PW 3 and SHO PW 6 who were accompanying Dy. S.P. State of seizure as above. Amichand PW 1 and Omprakash PW 2the said independent motbirs are declared hostile. PW 4 and PW 7 relate to depositing samples at laboratory.

(3.) Respondent Ramganesh explained that he was employee of the licensee and as per instructions and as permit and cash memo were handed over to him, he was traveling in jeep only to hand over the goods to other licensee. Respondent driver states that he was only driver and material transported as per directions.