Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO. 215/PS/2023
State (VAKOLA P.S.) Vs. Gatty Harry Manezes.
The Hon'ble Bombay High Court directed that, from
23/09/2024 to 27/09/2024 Special Drive for disposal of unattended,
petty, steal and ineffective cases be taken up. Therefore, today the case
is taken up for disposal in special drive. Accused alleged to have
committed an offence P/U/Sec.65 (e) of The Maharashtra Prohibition
Act. Case is more than 01 year and more old. Though the case is
registered as warrant case, it is summons triable case, therefore, it can
be disposed off by resorting the provision of section 258 of Cr. P. C. 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 non-
appearance of the witnesses/accused before the Court for considerable
time. Record shows that on several occasions the summons/warrant
were issued against the accused. The CA report is not filed on record. In
absence of CA report it cannot be held that, accused found having
custody of liquor. During investigation no independent witnesses have
been examined by Investigating Officer and no statement recorded of
those independent witnesses. Prosecution failed to secure the presence
of accused. Hence, 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 discharged. Her bail bonds, if any, stand
canceled.
3. After appeal period seized muddemal i.e. seized liquor be
sent to the Collector of Excise for disposal, as per law.
Place : Mumbai.
Date : 26/09/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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