1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Date of judgment : 01.5.2008 S.B. Criminal Appeal No. 283/89 State Vs. Mohanlal PRESENT HON'BLE MR. MAHESH BHAGWATI, J. Mr.O.P. Rathi, Public Prosecutor. None appears for the respondent. Aggrieved with the judgment dated 08.3.1989 passed by the learned Munsiff & Judicial Magistrate, Churu in criminal Case No. 64/83 whereby the accused respondent Mohan Lal has been acquitted of the charge under Sec. 54 (A) Rajasthan Excise Act, the State has preferred this criminal appeal. The accused Mohan Lal is alleged to have been found in the possession of 246 Kgs. Doda post of which 2 he had no licence. It is alleged that on 22.1.1983 at 5.30 p.m. the enforcement party of Excise Department, Churu, during a special raid, found one camel cart towards Dhani `Chalkoi'. Having suspected the activity of camel cart rider the party stopped it and found 9 bags full of Doda post lying therein. The accused was charged with the offence under Sec. 54 (A) of Rajasthan Excise Act. Learned Judicial Magistrate did not rely upon the prosecution evidence and acquitted the accused respondent Mohan Lal of the aforesaid charge. Heard Mr. O.P. Rathi, learned Public Prosecutor appearing for the State. None has appeared on behalf of the accused respondent. Having heard the learned Public Prosecutor, perused the impugned judgment of the lower court and scanned the evidence of prosecution witnesses as also relevant material available on record it is found that 3 the conclusion drawn by the lower court with regard to the recovery of 246 Kgs. Doda Post form the possession of the accused having not found proved beyond reasonable doubt, is perfectly just and well in tune with proper appreciation of evidence of prosecution witnesses. The grounds of acquittal as dealt with by the lower court in its impugned judgment are well founded and well merited with which I fully concur. I do not find any legal or factual infirmity in the judgment of the lower court and to my view it calls for no interference. The appeal filed by the State is accordingly dismissed. (MAHESH BHAGWATI), J. ns.