B. N. Katju, J. - (1.) THE State of U. P. has filed this appeal against the judgment of III Temporary Civil & Sessions Judge, Meerut, dated 1-9-1971 allowing Criminal Appeal No. 398 of 1971 of Ram Swarup respondent against the judgment of Magistrate 1st class, Meerut, dated 5-7-1971 passed in Criminal Case No. 70 of 1971 convicting him under Section 60,A) of the Excise Act and sentencing him to a fine of Rs. 250/- and in default to undergo three month's R. I.
(2.) THE case of the prosecution is that on 26-10-1970 at about 4.00 a.m. Ram Swarup respondent was arrested by K. D. Misra, Excise Inspector (PW 1) in Kankerkhera and 15 litres of illicit liquor was recovered from his possession. The aforesaid liquor was examined by the City Excise Inspector and was found to be 'A Grade rectified spirit'. A charge sheet was thereafter submitted against the respondent Ram Swarup in the court of J. O. (E) and Magistrate 1st class, Meerut.
(3.) THE prosecution examined two witnesses to connect the respondent with the crime, viz. K. D. Misra (PW 1) and P. N. Singh (PW 2). Raza Haider (PW 4) and Ram Swarup (PW 3) are formal witnesses, who have been produced to prove that the recovered illicit liquor which was sealed at the spot was deposited and remained at the Malkhana in a sealed condition.;