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. 2533/PS/2022
State (Santacruz P.S.) Vs. Shakib Ahmed Khan and Ors.
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. 27 of NDPS Act. Case is more
than 09 months 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, the case is summons case. The
allegations are vague and basic requirement to prove the charge 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 if the present
matter, 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 are acquitted. Their bail bonds, if any, stand canceled.
3. Seized muddemal if any be disposed off, as per rule.
Place : Mumbai.
Date : 04/09/2023.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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