M.C.JAIN, J. - (1.) THIS appeal is directed against the judgment dated 28 -5 -1973 passed by the Magistrate First Class, Barmer, whereby the respondents were acquitted of the offence under Section 4(2) of the Rajasthan Prohibition Act.
(2.) THE prosecution case in brief is that on 26 -31971 the police party raided the house of Heeralal respondent and on search being taken in the presence of the 'motbirs' the respondents Pokarchand and Mangilal w ere found selling the liquor. 4 bottles of 'Gulab', 21 bottles of plain liquor and 34 empty bottles were recovered They were sealed at the spot. Seizure memo was prepared and the accused persons, after investigation, were challenged. After trial it was found that the liquor was seized from the custody of the respondents, but as no expert was examined on the point as to ether the liquid recovered was liquor, so relying on an authority of this Court State v. Sanwalram 1970 R.L.W 566 the respondents were acquitted and it was also observed that no evidence has been Jed by the prosecution as to when the samples were taken and further whether the samples were sealed and the samples reached the Assistant Chemical Examiner in the sealed condition. So the learned Magistrate founded the judgment of acquittal on these two grounds
(3.) DIS -satisfied with the judgment of acquittal the State has preferred this appeal.;