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. 1224/PS/2018
State (BKC P.S.) V/s. Jiten Jayantilal Shah,
Umang Yatin Patil & Pratik Ashok Pamak
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. 65 (e) of The Maharashtra Prohibition
Act, 4, 21 r/w 2(1) of Prohibition to Tobacco Act and 33 (W) of Mumbai
Police Act. Case is more than 04 years 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 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. 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. All 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. Seized other
articles be sent to concerned collector of Mumbai for its disposal,
as per law.
Place : Mumbai.
Date : 06/09/2023.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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