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. 738/PS/2020
State (SANTACRUZ P.S.) Vs. HARISH DILIP SINGH AND ORS.
The Hon'ble Bombay High Court directed that, from
22/07/2024 to till 26/07/2024 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. 85 (1) of The Maharashtra
Prohibition Act. Case is more than 04 years and more old. 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 blood examination report is not placed on record. In
absence of said report it cannot be held that, accused behaved indecent
manner under the influence 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. Both accused are discharged. Their 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 : 25/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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