Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 219/PW/2018.
C/S filed on : 17/01/2018
Registered on : 17/01/2018
Decided on : 01/08/2025
Duration : 07 Y 06 M 13 D
Exh. 10.
PART-A
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
10th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. NO. 219/PW/2018
CNR NO. MHMM19-001373-2018
The State of Maharashtra,
Through Police Station Officer,
Juhu Police Station,
Mumbai. ……… Informant.
V/s.
Roshan Mukund Shah,
Age : 32 Yrs.
R/o. Malati Niwas, Juhu,
Vile Parle (W), Mumbai. ………. Accused.
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The Ld. APP for State : Shri. Firoz Shaikh
The Ld. Advocate for accused : Shri. Namey
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PART-B
Date of Offence 16/11/2017
Date of FIR 16/11/2017
Date of Charge-sheet 17/01/2018
Date of Framing Charge 31/05/2023
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Judgment 2 C. C. No. 219/PW/2018.
Date of commencement of evidence 21/11/2023
Date of which Judgment is reserved 01/08/2025
Date of Judgment 01/08/2025
Date of the Sentencing Order, if any. ---
Accused Details
Sr.
No.
Name of
Accused
Date of
Arrest
Date of
Release on
Bail
Offence
charged
with
Whether
acquitted
or
convicted
Senten
ce
Impos
ed
Period of
Detention
Undergon
e during
Trial for
purpose
of Section
428
Cr.P.C.
1 Roshan
Mukund
Shah
16/11/2017 17/01/2018 S. 65(e) of
Bombay
Prohibition
Act
of IPC
Acquitted ----- -----
J U D G M E N T
(Delivered on 01/08/2025)
1. The accused is prosecuted for the offences punishable
under Section 65 (e) of Bombay Prohibition Act.
Facts of the prosecution case in short are as under :
2. Informant Police Head Constable Eknath Baliram Sawant
was on night Patrolling duty along-with PC Devare and PI Pawar. At
about 2.30 a.m. at Om Shaiknt Niwas, N.S. Road No.3, Juhu Mumbai,
they found one person was found in possession and consuming liquor
by mixing it with Thumps-up in plastic glass and he was not having any
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Judgment 3 C. C. No. 219/PW/2018.
license for consumption of liquor. Upon inquiry he stated his name as
Roshan Shah. The said liquor bottle of 100 ml was seized and sealed by
police in presence of panch witnesses. Hence, he lodged FIR. PSI
Sunildatta Gomare investigated into the offence and presented charge-
sheet.
3. Charge at Exh. 4 was read over and explained to accused.
He pleaded innocence and claimed to be tried. He was examined under
Section 313 of the Code of Criminal Procedure at Exh.9. Their defence
is of total denial and false implication.
4. On the basis of evidence of two witnesses examined by the
prosecution and arguments submitted by both sides, following points
for determination arose for my consideration. I have recorded my
findings to them along with my findings thereon as under :-
POINTS FINDINGS
1] Does the prosecution prove that on
16/11/2017 at 2.30 hours at Om Shanti
Niwas, N.S.Road No.3, Juhu, Mumbai, was
found in possession of liquor which was
mixed in Thumps-up illegally without
having any license ?
No
2] What order ? The accused is
acquitted.
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Judgment 4 C. C. No. 219/PW/2018.
REASONS
AS TO POINT NO.1
5. In order to bring home the guilt of the accused, the
prosecution relies upon the testimonies of informant PHC Eknath
Baliram Sawant and the Investigating officer. The informant in his
examination-in-chief has stated that when he was on night Patrolling
duty along-with driver PC Devare and PI Pawar, they found that the
accused was drinking Thumps-up in plastic glass and upon inquiry with
him he found that he was drinking alcohol by mixing it in Thumps-up
and he was not having any license for consumption of alcohol. PSI
Gomare drew panchanama and seized said bottle. 100 ml sample in one
bottle was sent for chemical analysis. Thereafter he lodged FIR at Exh.6.
6. The IO in his examination-in-chief has stated that they
seized one bottle containing liquor from the accused by drawing
panchanama but, there is no panchnama annexed along-with charge-
sheet. The accused was taken into custody. He sent the seized bottle for
Chemical Analysis to Forensic Lab by issuing letter dated 29/11/2017 at
Exh.8 but, the report of Forensic Lab is not received by him.
7. Upon perusal of evidence adduced by the prosecution, the
prosecution has not examined those panch witnesses in whose presence
100 ml Thumps-up bottle containing liquor was found in possession of
the accused. Therefore the contents of panchanama were not duly
proved. So also the prosecution has not examined PC Devare and PI
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Judgment 5 C. C. No. 219/PW/2018.
Pawar who were also present on the spot along-with informant. The
prosecution has not examined any independent witness and no
panchnama was annexed on record. The sample of seized liquor was
sent for Chemical Analysis but, no such report of CA is placed on record.
Therefore, merely by relying on the testimonies of PW1 and PW2 and in
absence of seizure of muddemal and its Chemical Analysis Report, it
cannot be said that, accused was found illegally possessing liquor on the
spot. Thus prosecution has failed to prove the guilt of accused beyond
all reasonable doubt. Therefore, the accused is entitled for acquittal.
Consequently I record my finding to point No. in the Negative.
AS TO POINT NO. 2 :
8. The prosecution failed to prove guilt of the accused.
Therefore, accused are entitled to be acquitted. In the result, in answer
to point No.2, I pass the following order.
ORDER
i Accused Roshan Mukund Shah is acquitted of
the offences punishable under Section 65(e) of
Bombay Prohibition Act vide Section 248(1) of the
Code of Criminal Procedure.
ii Bail bonds of the accused stands cancelled.
iii Seized Thums-up bottle containing 100 ml
Thumps-up with liquor being worthless be destroyed
after appeal period.
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Judgment 6 C. C. No. 219/PW/2018.
iv The accused shall furnish bond of Rs.10,000/-
under section 437(A) of the Code of Criminal
Procedure.
(S.G.Agrawal)
Judicial Magistrate (F.C.)
Date: 01/08/2025. 10th Court, Andheri, Mumbai.
Dictated on : 01/08/2025
Transcribed on : 01/08/2025
Signed on : 01/08/2025
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Judgment 7 C. C. No. 219/PW/2018.
PART-C
LIST OF PROSECUTION/ DEFENCE/ COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
PW1 PHC Eknath Baliram Sawant (Exh.05) Informant
PW2 PSI Sunildatta Gomare (Exh.7) Investigating Officer
B. Defence Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
-- NIL --
C. Court Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
-- NIL --
LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS
A. Prosecution :
S.N Exh. No. Description
1 Exh.6 FIR
2 Exh.8 Letter dated 29/11/2017
B. Defence :
Sr.No. Exh. No. Description
1 Nil Nil
C. Court Exhibits :
Sr.No. Exh. No. Description
1 Nil Nil
D. Material Objects :
Sr.No. Exh. No. Description
1 -- Nil
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