Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.437/PS/2019
Received on : 17/01/2019
Registered on : 17/01/2019
Decided on : 04/03/2023
Duration : 04 Y. 01 M. 15 D.
Exh. : 05
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY A. I. SHAIKH)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(CNR NO.::MHMM190009892019 )
(a) The serial No. of the case; : C.C.NO.437/PS/2019
(b) The date of commission of
the offence;
: 17/08/2018
(c) The name of the
complainant
(if any);
: The State (Versova Police Station
in P.C. R. No. 53/2018).
(d) The name of the accused
persons and their
parentage and residence;
:
1] Sunil Domnic Parkar,
Age 27 Years.
Occupation – Driver,
R/o.R. No.115,
Teen Bangala Rahiwasi Sang,
In front of Khar Police
Station, J. P. Road, Khar (E),
Mumbai.
2] Shashank Ashok Badodiya,
Age – 24 Yrs.
Occupation – Service,
R/o.B/008, Jiteshwar Vihar,1,
Gokul Township, Virar (W),
Vasai, Palghar – 401 303.
(e) The offences complained of
or proved ;
: Under Section 85(1) of Bombay
Prohibition Act.
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(f) The plea of the accused
and their examination (if
any);
: The accused pleaded not guilty
(g) The final order; : The accused are acquitted.
(h) The date of such order; : 04.03.2023
Ms. Seema Mokal, APP for the State.
Mr.Namey, Advocate for the accused.
J U D G M E N T
( Delivered on 04/03/2023. )
1. The accused are prosecuted for the offence punishable
under Section 85(1) of Bombay Prohibition Act.
2. It is the case of the prosecution that, from 17/08/2018 at
about 23.00 hrs. informant while doing patrolling duty along with
other police staff at Chowpati, in front of House Restaurant, J. P. Road,
Andheri (W), Mumbai, they found some persons are consuming liquor
and create nuisance. Therefore, they called two panchas. Police asked
to those persons about their names and addresses before the panchas.
Thereafter, they asked about the licence of consuming liquor. The
accused were found one bottle of king fisher company containing 100
ml beer worth of Rs.180/. They smell the bottles, it was liquor. Police
disposed the liquor on the spot itself and prepared panchanama.
Thereafter, police send accused persons to Cooper Hospital for medical
examination. In the medical report found that accused were consuming
liquor. Therefore, informant lodged report against the accused persons.
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3. On the basis of the report given by the informant, crime no.
53/2018 came to be registered against the accused persons. During
investigation I.O. drawn spot panchanama in presence of panch
witnesses. He arrested the accused. During further investigation I.O.
recorded statement of witnesses. After completion of investigation filed
chargesheet.
4. The charge is framed against the accused persons for the
above mentioned offence. The accused pleaded not guilty and claimed
to be tried. The prosecution has examined only two witnesses in total.
As there is no incriminating evidence against the accused persons on
record, the statement of the accused under Section 313 of Cr.P.C. is
dispensed with.
5. The points for determination alongwith my findings
thereon as under :
POINTS FINDINGS
1] Does the prosecution prove that
accused were found to have consumed
liquor and in a state of intoxication in a
public place and under its influence
behaved in disorderly manner?
In the negative
2] What order ? The accused are
acquitted.
R E A S O N S
AS TO POINT NO. 1 :
6. Prosecution has examined P.W.No.1 Suresh Yallappa
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Madgundi, deposed that on 17/08/2018 he was attached to Versova
Police Station and on patrolling duty at about 11.00 p.m. When they
were on patrolling at House Restaurant, Versova, they saw two persons
under influenced of liquor creating nuisance and misbehave. They are
possessing bottles of liquor. They smell the bottle, it was liquor.
Thereafter, they pour the liquor. Thereafter, accused have taken to the
police station alongwith the bottles. Thereafter, they referred to the
Cooper Hospital for medical. Police had recorded his statement.
7. During his crossexamination he denied that he was not on
patrolling duty therefore, he had not filed station diary entry in the
present case. He further denied that the accused have not consumed
the liquor and they have not smell the bottles and never pour the bottle.
He also denied that the accused have not create nuisance on the spot of
incident under influenced of liquor.
8. Prosecution also examined P.W.No.2 Ankush Ramhari Patil
who is investigating officer. He deposed that he was attached to
Versova police station on 17/08/2018. He was on night patrolling duty.
They have received the order for patrolling. He went with PSI
Dhaigude, police Head Constable Matgundi at J. P. Road, Chowpaty.
They saw two persons under influenced of liquor misbehave. They have
having two bottles of kingfisher. He asked them about licence. They
have no licence of liquor. PSI Dhaigude called panchas. The said
bottles were disposed and panchanama was prepared before panchas.
They brought the accused persons to police station and thereafter
referred to Cooper Hospital. He lodged FIR Exh.5 after receiving the
medical certificate of accused persons.
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9. During his crossexamination he admitted that they have
taken entry in the station diary when they went to patrolling duty. He
further admitted that he had not given the said entry of station diary to
I.O. He also denied that he had not went to J. P. Road Chowpaty for
patrolling and there is no any persons who under influenced of liquor
misbehave. It is also denied that there is no any bottles of kingfisher.
He further denied that they have not disposed any bottles before the
panchas.
10. Considering the evidence of the prosecution there is no
substantial or concrete evidence to show that accused are found
consumed liquor and in a state of intoxication in a public place and also
under its influence behaved in disorderly manner. Moreover, there is
no any C.A. report to support the prosecution case. The prosecution
failed to prove the charges levelled against the accused. Hence, I
answer Point No. 1 in the negative.
AS TO POINT NO.2:
11. The prosecution failed to prove guilt of the accused.
Therefore, the accused are liable to be acquitted. In the result, in
answer to Point No.2, I pass the following order.
ORDER
1. The accused No.1 Sunil Domnic Parkar and accused No.2
Shashank Ashok Badodiya are acquitted of the offence
punishable under Section 85(1) of Bombay Prohibition Act vide
Section 255 (1) of the Code of Criminal Procedure.
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2. Bail bonds of the accused persons stands cancelled.
3. The accused No.1 and 2 to execute P.R. Bond of Rs.15,000/
(Rupees Fifteen Thousand Only) each vide Section 437– A of
the Code of Criminal Procedure for appearance before the
higher court, if said court issues notice to them for their
appearance in the matter in which present judgment is
challenged, if any.
The Judgment is transcribed directly on the computer and
pronounced in open Court.
Mumbai ( A. I. Shaikh )
Metropolitan Magistrate,
Date:04/03/2023 44 th Court, Andheri, Mumbai.
spj
Typed on: 04/03/2023
Signed on: 04/03/2023
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