This acquittal appeal is preferred against the judgment dated 23.11.2010 passed by the Chief Judicial Magistrate, Raigarh (C.G.) in Criminal Case No.500 of 2009 whereby respondent / accused has been acquitted for the offence under Section 34 (1) (a) of the Excise Act.

Facts of the case, in brief, are that on 03.11.2008 at about 6:00 pm, officers of the Excise Department seized 10 ltr. of country made liquor from illicit possession of the respondent herein. After usual investigation, complaint was filed in the Court of CJM, Raigarh wherein respondent / accused abjured her guilt. Despite providing various opportunities to the prosecution, it failed to examine any witness, therefore, vide impugned judgment learned CJM, Rairgarh acquitted the respondent / accused from offence under Section 34 (1)(a) of the Excise Act.

Heard learned counsel for both the parties and perused the record with utmost circumspection.

In the instant case, although none prosecution witnesses have been examined, but, record shows that despite providing opportunity, prosecution failed to examine any of his witness. Record shows that almost 13 years have lapsed, hence, no fruitfull purpose would be served to remand the case for examination of prosecution witness.

Considering the nature and gravity of offence and pendency of this appeal, I do not find any good ground to interfere with the with the impugned order of acquittal passed by the learned CJM, Raigarh.

SD/-

( N.K. Chandravanshi ) Judge

Ayushi

State of C.G. v. Mangli Bai

Case brief