Final Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1
C.C.NO.338/PS/2018
Exh
Received on : 16/04/2016
Decided on : 22/05/2019
Duration : 03 01 06
Y M D
CNR MHMM18000057 2018
IN THE COURT OF THE ADDL.CHIEF METROPOITAN MAGISTRATE,
9TH COURT, BANDRA, MUMBAI
JUDGMENT U/SEC. 355 OF THE CR. P. C.
(a) Serial number of the case : 338/PS/2018
(Old NO.38655/PH/16)
(b) Date of commission of the offence. : 14/04/2016
(c) Name of the complainant, if any, : The State (Khar Police
Station,
Spl.LAC.No.4121/2016)
(d) Name of the accused person, his
parentage and residence
: Spencer Varghese
Age : 27 yrs, Occ : Service
R/o : Andheri (W),Mumbai.
(e) Offence complained of or proved. : U/Section 185 of Motor
Vehicle Act.
(f) Plea of the accused person and
his examination, if any
: Accused pleaded not guilty.
(g) Final order : Accused is acquitted.
(h) Date of order : 22/05/2019
ADVOCATES:
For the State : Smt. M. F. Pakajade, A.P. P.
For accused : Shri. Zamir Khan
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JUDGMENT 2
C.C.NO.338/PS/2018
J U D G M E N T
(Delivered on 22nd May 2019)
1. Accused prosecuted for the offence punishable U/Sec. 185 of
Motor Vehicle Act.
2. In support of it's case, prosecution has examined only one
witness, to wit informant ASI Mohan Krishnaji Patil (P.W.1) at Exh.4.
3. I have heard both side at considerable length.
4. Evidence of informantcuminvestigating officer, Mohan Patil
(P.W.1), it appears that on 18/3/2016 he was on drunk and drive cases
duty in night. He stopped the car of the accused bearing no. MH14BX
8624. On suspicious of drinking liquor, he has taken breath analyzer
test of accused and found consumption of 159 mg/100 ml liquor.
5. During crossexamination Mohan (P.W.1) specifically
admitted that he has not taken blood sample of accused. There is no
signature or photograph of accused on breath analyzer test receipt.
Moreover, Mohan has given wrong number of the vehicle of accused.
All these facts creates doubt about the story of prosecution. Hence,
accused is entitled for acquittal on the basis of benefit of doubt. With
this, I proceed to pass following order :
ORDER
i] Accused Spencer Varghese is acquitted of the offence
punishable U/Sec. 185 of Motor Vehicle Act as per section 255 (1) of
the Cr.P.C.
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JUDGMENT 3
C.C.NO.338/PS/2018
ii] Bail bonds of the accused are cancelled.
iii] The accused shall submit fresh bail bonds as per Sec.437 (A) of
Cr. P. C.
iv] Pronounced in open court.
-sd/-
(S. K. MUNGILWAR)
Addl.Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dt.22/05/2019
Dictated on : 22/05/2019
Transcribed on : 22/05/2019
Signed on : 22/05/2019
ASDASSSSSS
019 01.2019 01.2019 9
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