Guman Mal Lodha, J. - (1.) THIS is a criminal appeal against the judgment of the Judicial Magistrate, First Class, Jhunjhunu dated the 31st October, 1974, by which the trial Magistrate acquitted the accused respondents, namely Taj Mohd. and Yasin, under Section 56(a) of the Rajasthan Excise Act, 1950.
(2.) THE facts of the case as narrated by the appellant in the memorandum of appeal and reiterated during the argument are as under: The prosecution case in brief is that one Vishser Singh Gram Panchayat, Jasarapur, Dev Road, Incharge out post Sarhad sent a report on 29th March, 1970 to the effect that the accused Taj Mohd s/o Ahmed Bux resident of Gram Jasarapur and another accused Yasin s/o Jumerdi Khan s/o Jasarpur P.S. Khetari are selling liquor illegally and these are dealing in illicit liquor that the liquor is loaded in their jeep. It was further stated there in that there is no contract for selling liquor for the said village. On this information Bhagwan Singh Head Constable Incharge out post Narhad seized the illicit liquor from the accused persons and thereafter the challan was filed in the court of Judicial Magistrate first class, Jhunjhunu. The respondents -accused were charged under Section 54(a) of the Rajasthan Excise Act, 1950.
(3.) THE prosecution produced four witnesses, namely, Nathu Singh (PW 1), Jawala Prasad (PW 2. Bhagwan Singh (PW 3), Babulal (PW 4) who supported the prosecution case, but the accused produced in defence the special permit in the name of one Shri Madhu Ram. It was signed by Assistant Excise Officer and the learned Magistrate acquitted the accused of charge as mentioned above.;