Mohd. Yamin, J. - (1.) This is an appeal against acquittal of Prakash Singh respondent who was tried under Section 4(1) of Rajasthan Prohibition Act, 1969 by learned Munsif and Judicial Magistrate, Osian and acquitted by his judgment dated 16.11.83.
(2.) In brief case of the prosecution is that on 30.9.78 Shiv Ratan Singh S.H.O. RS. Khedapa received an information from a mukhbir that the respondent was indulging in the business of illicit liquor. He alongwith police constables went to the house of the respondent and on search distillation tube, earthen utencils and other such material which is used for distillation of illicit liquor were recovered and earthen pot containing wash was also recovered. He collected sample of the wash and sent the same to the Chemical Examiner. The samples were found to be of illicit liquor vide Ex.P/6. The respondent was prosecuted, tried and acquitted as stated above.
(3.) Learned Public Prosecutor submitted that the trial court committed error in acquitting the respondent but his argument cannot be accepted because respondent deserves acquittal only on one point. Section 39 of Rajasthan Prohibition Act, 1969 provided that, Whenever the Prohibition Commissioner, any Prohibition Officer not below such rank as the State Government may determine, any police officer not below the rank of a Sub-Inspector, any officer in charge of a police station, or any other officer authorised by the State Government in this behalf, has reason to believe that an offence in respect of any liquor punishable under Chapter III has been committed and that the delay occasioned by obtaining a search warrant under Section 37 will prevent the execution thereof, he may, after recording the grounds of his belief, any time, by day or by night, enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be liable to confiscation under this Act, Provided that every person arrested under this Section shall be admitted to bail by such officer as aforesaid, if sufficient bail be tendered for his appearance either before a Magistrate or before a police or Prohibition Officer, as the case may be.;