M.B. Sharma, J. - (1.) This State appeal is directed against the judgment dated January 23, 1980 passed by Judicial Magistrate No, 1, Jodhpur under which, the learned Magistrate acquitted the accused-respondent on the basis of a judgment of their Lordships of the Supreme Court in K. L. Subayya v. State of Karnataka (AIR 1979 SC 711 ).
(2.) It appears that leave to appeal was granted on the basis of State v. Shrinarain (ILR 12 Raj. 815) .
(3.) On January 10, 1976 at 8.30 p.m., the shop of the the accused respondent Poonamchand situated in Soorsagar was inspected by the Station House Officer and four bottles of liquor and one quarter bottle of liquor (Gulab) were found in possession of the accused. Before taking the search, it appears that the S.H.O. Jalam Singh PW 8 did not comply with Section 47 of the Rajasthan Excise Act, 1956 (hereinafter referred to as 'the Act'). The learned Magistrate, placing reliance on the above referred authority of the Supreme Court, acquitted the accused.;