Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN/JUDICIAL MAGISTRATE,
(FIRST CLASS), 71st COURT, BANDRA, MUMBAI.
ORDER BELOW EXH.01 C. C. NO.5674/PS/2022
State (VAKOLA P.S.) Vs. MANOJ RAMBHAJAN BIND
The Hon'ble Bombay High Court directed that, from
22/07/2024 to till 26/07/2024 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. 8 (C) r/w. 27 of NDPS Act. Case is more
than one year and more 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, the case is summons
case. The allegations are vague and basic requirement to prove the
charge are missing to prove the charge. The report of chemical analyzer
is mandatory, but neither samples taken nor any efforts are made during
investigation to collect and retain such evidence. Thus, the whole final
report even if accepted, as it is no conviction is warranted. Considering
all above aspects, there is no point in proceeding further. Therefore, this
is a fit case wherein provisions of section 258 of Cr.P.C. can be resorted
to stop the proceeding. Accordingly I pass following order.
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. Seized muddemal if any be disposed off, as per rule.
Place : Mumbai.
Date : 25/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate
(First Class), 71st Court, Bandra, Mumbai.
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