STATE Vs. BHEEK SINGH

JUDGEMENT

(1.) By the judgment dated Nov. 14, 1979, the Judicial Magistrate, Sirohi, has acquitted the accused for the offence under Sec. 4 (2) of the Rajasthan Prohibition Act, 1969, (hereinafter referred to as the 'Act'). This appeal has been preferred by the State against the said judgment.

(2.) The case is more than 13 years old. According to the prosecution, it was on June 29, 1976, that Shri Hari Singh, Station House Officer, Barllod, made a search of the house of the accused and found 29 bottles of liquor from the room in that house.

(3.) I am not pursuaded to interfere in this appeal. The delay apart, the Act itself now stands repealed. Moreover, the learned Magistrate has acquitted the accused on the ground that compliance of section 39 of the Act was not made and that the accused was not found to be in conscious possession of the battles in question.