STATE Vs. BOOTA SINGH

JUDGEMENT

(1.) This State appeal is directed against the order of acquittal dated 19.2.1981 passed by Judicial Magistrate, 1st Class, Sangaria. The prosecution case is that Shri Jai Pal Singh, A.S.I. at Police Station, Sangaria receiving a information raided to the house of the accused Boota Singh. Seeing the Police party the accused ran away from the house. However, from his house illicit liquor was recovered in tube and Jarikans. The Police sent the sample for the chemical examinations. After receiving the report the charge-sheet was filed against the said accused in the court of Judicial Magistrate. 1st Class, Sangaria for the offence under Sec. 54 of the Rajasthan Excise Act. The learned Judge acquitted the accused on the ground that the Mamraj, Constable of the Police Station delivered the sample to one Kailash Chand Gupta in the laboratory. He has not disclosed the designation of Kailash Chand Gupta. The sample was required to be delivered to the Director of the laboratory as according to the learned Magistrate the important evidence with respect to the sample being not tempered was missing.

(2.) I have read the judgment. I am of the view that the learned Magistrate was obviously in error in considering that simply because the designation of the Kailash Chand Gupta was not disclosed, the connecting evidence could not be considered. The sample was not required to personally delivered to the Director. Ex.P/5 clearly indicates that the sample was delivered in the office of Forensic Science Laboratory, Rajasthan, Jaipur. There is a official seal. On this ground the order of acquittal cannot be sustained. However, for the other grounds which will required to be considered and for which it is necessary to remit the matter to the trial court but looking to the fact that the incident is of year 1978 and that the maximum sentence for offence under Sec. 54 is not more than 3 years, I do not consider it appropriate to remit the matter.

(3.) In view of the aforesaid. I am not inclined to interfere with the order of acquittal. The State appeal is accordingly rejected. State Appeal Dismissed.