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. 1763/PS/2021
State (B.K.C. P.S.) Vs. Ajayan Karimbu Pavurved.
The Hon'ble Bombay High Court directed that, from
27/02/2024 to till 03/03/2024 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. 65 (e) of The Maharashtra Prohibition
Act. Case is more than 02 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 the accused. 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. Accused is discharged. His 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 : 27/02/2024.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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