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. 5114/PS/2022
State (Santacruz P.S.) Vs. Sahil Rakesh Nirmal
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 08 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 nonappearance 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. 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 acquitted. His bail bonds, if any, stand canceled.
3. After appeal period seized muddemal be destroyed, as per law.
Sd/
Place : Mumbai. Metropolitan Magistrate,
Date : 25/04/2023. 71st Court, Bandra, Mumbai.
SRD.
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