Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1386/PS/2023
CNR No. MHMM18-002549-2023
ORDER BELOW EXH.1
Vakola police have on 12/04/2023 filed the chargesheet under
section 8 (C) r/w.s. 27 of NDPS Act. The plea of accused came to be
recorded and since last six months matter is pending for evidence of
prosecution. Despite of opportunities prosecution failed to secure
presence of witnesses.
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, the case is summons case. The
allegations are vague and basic requirement are missing to prove the
charge. The report of chemical analyzer is mandatory, but neither
samples taken nor any efforts are made during investigation to collect
and retain such evidence. Thus, the whole final report even if
accepted, as it is no conviction is warranted. Considering all above
aspects, there is no point in proceeding further. Therefore, this is a fit
case wherein provisions of section 258 of Cr.P.C. can be resorted to
stop the proceeding. Accordingly I pass following order.
O R D E R
1. Proceeding is stopped vide section 258 of Cr.P.C.
2. Accused is discharged. His bail bonds, if any, stand canceled.
3. Seized muddemal if any be disposed off, as per rule.
Place : Mumbai.
Date : 10/10/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate
(First Class), 71st Court, Bandra, Mumbai.
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