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. 3218/PS/2019
State (Vakola P.S.) Vs. Swaminathan Manikam Harijan
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. Case is more than 03 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. However,
prosecution failed to secure the presence of the 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. 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. cash amount be
forfeited to Government and seized liquor be sent to the
Collector of Excise for disposal, as per law.
Place : Mumbai.
Date : 06/09/2023.
SRD.
Sd/-
Metropolitan Magistrate
71st Court, Bandra, Mumbai.
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