- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 30-3-90 passed by the learned Judicial Magistrate, Churu in Cr. Case No. 173/1986 by which the learned Magistrate acquitted the accused respondent for offence under Sections 16/54 (a)(c) and (d) of the Rajasthan Excise Act.
(2.) This appeal arises in the following circumstances : i) On 15-4-86, a secret information was received by P.W. 5 Suraj Prakash, Excise Inspector, Churu that illicit liquor was being prepared from a running still in the village belonging to the accused respondents and thereupon along with two motbirs P.W. 2 Arjun and P.W. 3 Khem Chand in the evening raided the field of the accused respondent and seeing the raiding party, it is case of the prosecution that the accused respondent and one more person who were there, fled away from the scene and in their absence, the field was searched and some illicit liquor along with some incriminating article of manufacturing the illicit liquor was found and seized through Fard Ex.P/1.
(3.) That the accused respondent was got arrested through Fard Ex. P/3 on 17-4-86.;