Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
71st COURT, BANDRA, MUMBAI.
CNR NO. MHMM18-007196-2023 C. C. NO.3815/PS/2023
State (P.S.-Vakola) V/s.
SHUBHANGI RAJU KADAM.
ORDER BELOW EXH.01
The Hon'ble Bombay High Court directed that, from
07/09/2026 to till 11/09/2026 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 punishable under section 65(e) Prohibition Act. Case is more
than two 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. It further reveals that, the prosecution claimed that accused found
having possession of illicit liquor/liquor. The alleged offence taken place
on 18/04/2023 and chargesheet filed on 14/09/2023. Till today the
prosecution failed to submit C.A. report and without C.A. report it can not
be concluded that, accused were having possession of the liquor.
Prosecution failed to secure the presence of the accused. This is a fit case
wherein provisions of section 258 of Cr.P.C. can be resorted to stop the
proceeding. No purpose would serve by continuing the matter. 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. Muddemal property be sent to state excise for disposal
according to law.
Place : Mumbai.
Date : 08/09/2026.
SRD
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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