STATE OF RAJ. Vs. PRAKASH SINGH

JUDGEMENT

(1.) This is an appeal against acquittal of Prakash Singh respondent who was tried under Sec. 4(1) of Rajasthan Prohibition Act, 1969 by learned Munsif and Judicial Magistrate, Osian and acquitted by his judgment dated 16.11.83.

(2.) In brief case of the prosecution is that on 30.9.78 Shiv Ratan Singh S.H.O. RS. Khedapa received an information from a mukhbir that the respondent was indulging in the business of illicit liquor. He alongwith police constables went to the house of the respondent and on search distillation tube, earthen utencils and other such material which is used for distillation of illicit liquor were recovered and earthen pot containing wash was also recovered. He collected sample of the wash and sent the same to the Chemical Examiner. The samples were found to be of illicit liquor vide Ex.P/6. The respondent was prosecuted, tried and acquitted as stated above.

(3.) Learned Public Prosecutor submitted that the trial court committed error in acquitting the respondent but his argument cannot be accepted because respondent deserves acquittal only on one point. Sec. 39 of Rajasthan Prohibition Act, 1969 provided that,