STATE Vs. JABBAR SINGH

JUDGEMENT

(1.) By the Judgment dated July 9, 1979, the Additional Munsif & Judicial Magistrate, Jalore, has acquittal the accused for the offence under section 4 (1) (g) and (h) of the Rajasthan Prohibition Act, 1969, (hereinafter referred to as the Act). This appeal is directed against the said Judgment.

(2.) The case is more than 12 years old. The Act itself now stands repealed. It was on Match 2, 1977, that the accused was found in a drunken condition near the Dak-Bungalow in Raniwada. He was challenged and acquitted by the learned Magistrate on the ground that the prosecution failed to prove that he had consumed or bought liquor within a prohibited area. The learned Magistrate has also held that the evidence of the doctor negatived the fact that the accused was in a state of intoxication.

(3.) I have heard learned Public Prosecutor for the State and Shri Suresh Kumbhat, counsel for accused. The learned Public Prosecutor was unable to point out any evidence to show that the accused consumed or bought liquor within a prohibited area. The learned Magistrate was also right in holding that the evidence of the doctor did not go to established that the accused was in a state intoxication. On these findings the offence charged against the accused is not made out and the appeal does not call for interference.