STATE OF RAJASTHAN Vs. CHHITAR

JUDGEMENT

(1.) This is an appeal by the State under Sec. 378(3) of the Code of Criminal Procedure against the judgment of the learned Munsif and Judicial Magistrate, Nawa dated Oct. 23, 1980 by which, the learned Magistrate dismissed the complaint under Sec. 256(1) of the Code of Criminal Procedure and acquitted the accused-respondent of the offence under Sec. 4(2) of the Rajasthan Prohibition Act, 1969 (hereinafter referred to as the Act).

(2.) On March 17, 1979, Bhawanisingh, Patrolling Officer, Nagaur, raided the house of the accused-respondent and liquor was found in Amritdan which was berried in the kitchen. A sample was taken which was sealed on the spot and was sent to the Chemical Examiner who under his report dated Aug. 31, 1979, reported that the sample was liquor and contained 15.17 UP ethal alcohol. A complaint was filed against the accused respondent in the court of the learned Magistrate and the statements of Pabudansingh, Rudmal and Fatehsingh were recorded. Some documents were also exhibited. On Oct. 23, 1980, the learned Magistrate dismissed the complaint under Sec. 256(1) of the Code of Criminal Procedure in the absence of Excise Inspector and the Assistant Public Prosecutor and acquitted the accused.

(3.) The case was posted for the evidence of the witnesses of the prosecution. On that date, namely, on Oct. 23, 1978, neither the witnesses were present nor the Assistant Public Prosecutor was present. An application was filed by Shri Bhawanisingh that on that date, he was busy in Pali and, therefore, will not be able to appear to give his statement and, therefore, some other date should be given. This application was produced by Narender Singh, an officer of the Excise Department, who was present in some other case.