1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Date of judgment: 01.5.2008 S.B. Criminal Appeal No. 290/89 State Vs. Udai Singh PRESENT HON'BLE MR. MAHESH BHAGWATI, J. Mr.O.P. Rathi, Public Prosecutor. Mr. B.N. Kalla for the respondent. BY THE COURT: Being aggrieved and dis satisfied with the judgment dated 06.4.1989 passed by learned Munsif- cum- Judicial Magistrate, First Class Aamet District Udaipur whereby the accused respondent Udai Singh has been acquitted in the offence under Sec. 16 read with Sec. 54 of Rajasthan Excise Act, the State has preferred this criminal appeal. 2 As per the prosecution case, the accused respondent Udai Singh is alleged to have been found in the possession of 3 jarikein filled with illicit liquor on 20.4.1985 for which he had no licence to keep the same. The accused Udai Singh was charged under sec. 16/54 of the Rajasthan Excise Act and he having not found guilty was acquitted for the same. Heard arguments of Shri O.P. Rathi, learned Public Prosecutor appearing for the State, learned counsel for the respondent and perused the impugned judgment as also the prosecution evidence and relevant material available on record. At the very outset, learned Public Prosecutor Shri O.P. Rathi has fairly conceded that judgment of the lower court is just and appropriate, the grounds enumerated for acquittal in the judgment are cogent and convincing. Learned counsel for the accused respondent has also argued that the judgment of the lower court is well 3 founded and well merited and there is no scope for any sort of intervention. Having considered the submissions made at the bar and scanned the judgment of the lower court in the light of the prosecution evidence, impugned judgment of the lower court is found to be full of merit. The conclusion of acquittal drawn by the lower court is apt and well in tune with appropriate appreciation of the evidence of prosecution witnesses. In view of the submissions made at the bar, the judgment of the lower court calls for no interference. The appeal filed by the State is accordingly dismissed. (MAHESH BHAGWATI), J. ns.