STATE OF RAJASTHAN Vs. SAYAR SINGH

JUDGEMENT

(1.) This state appeal is directed against the order of acquittal dated 24.09.1981 passed by the learned Munsiff and Judicial Magistrate, 1st Class, Sangariya for offence under Sec. 54 (D) of the Rajasthan Excise Act.

(2.) The facts of the case in brief are that on 21.10.1978 the Excise Inspector, Sangaria on an information found the illicit liquor from the house of accused respondent and also found Vas for preparing illicit liquor. The Excise Inspector took the sample of Vas and two bottles and sealed them and sent for Chemical Examination. After receiving the report a challan under Sec. 54 (D) of the Rajasthan Excise Act was filed. The learned Magistrate acquitted the accused on the ground that the prosecution has not produced the Clerk of the C.P.A. Office to whom the sample was said to be given for Chemical Examination Report also founds that no reliable evidence has been produced to show that the sample remained intact during the period of the date of the seizure and the date on which it was submitted to the Office of C.P.A. for Chemical Examination.

(3.) I have heard Mr. Ramesh Purohit, Addl. P.P. and perused the record. Learned counsel has not been able to show any evidence to satisfy that the sample taken remained intact and it was not tempered with. The prosecution has also not produced the person who carried the sample for the Chemical Examination. In view of this, find no infirmity in the order of acquittal.