Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C.C.NO.22/PS/2022
State (Santacruz P.S.) Vs. Basanti Sikander Kale
Today the case is taken up for disposal in special drive as per
the directions of the Hon'ble High Court. Accused alleged to have
committed an offence P/U/Sec.8(C) r/w 20 NDPS Act. In Mulchand
Motilal Raka Vs. State of Maharashtra, 1996(1) Bom. C.R.316, it was
held that Section 258 of Cr. P.C., can be resorted to where the special or
unusual circumstances exists, such as nonappearance of the
witnesses/accused before the Court for considerable time. Record shows
that on several occasions the summons/warrant were issued against the
accused. However, prosecution failed to secure the presence of the
accused. This is a fit case wherein provisions of section 258 of Cr.P.C. can
be resorted to stop the proceeding. Hence, following order is passed.
O R D E R
1. Proceeding is stopped vide section 258 of Cr.P.C.
2. Accused is acquitted. Her bail bonds, if any, stand canceled.
3. After appeal period is over seized muddemal be destroyed as
per law.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 11.11.2022 71st Court, Bandra, Mumbai.
aan/
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