Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C.NO.616/PW/2019
Received on : 13/02/2019
Registered on : 13/02/2019
Decided on : 09/01/2023
Duration : 03 Y. 10 M. 27 D.
Exh. : 06
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.::MHMM190025832019 )
(a) The serial No. of the case; : C.C.NO.616/PW/2019
(b) The date of commission of
the offence;
: 15/02/2017
(c) The name of the
complainant
(if any);
: The State (Versova Police Station
in P.C. R. No. 08/2017).
(d) The name of the accused
persons and their
parentage and residence;
:
Shakuntala Gopal Sharma,
Age 52 Years.
Occupation Nil
R/o.Lallubhaiya Chawl,
Near Well,
Josephpatel Wadi,
Sat Bangala, Andheri (W),
Mumbai.
(e) The offences complained of
or proved ;
: Under Section 65(E) of Mumbai
Prohibition Act.
(f) The plea of the accused
and their examination (if
any);
: The accused pleaded not guilty
(g) The final order; : The accused is acquitted.
(h) The date of such order; : 09.01.2023
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Ms. Seema Mokal, APP for the State.
Mr.Dilip Kerkar, Advocate for the accused.
J U D G M E N T
( Delivered on 09/01/2023. )
The accused is prosecuted for the offence punishable under
Section 65(E) of Mumbai Prohibition Act.
2. In brief, it is the case of the prosecution that on
15/02/2017 at about 16.30 hrs. informant along with PSI Bendkule,
WPC buckle No.112610 Rode, Police constable buckle no.061734
Wydande, Police constable buckle no.110259 Bhosle were on patrolling.
PSI Bendkule received secret information about lady has selling illicit
liquor at Lallu Bhaiya Chawl, Near Well, Josephpatel Wadi, Sat Bangala,
Andheri (W), Mumbai. Thereafter, panchas were called and at about
17.00 hrs. they conducted raid at the spot. They asked lady about her
name and address. She told her name as Shankuntala Gopal Sharma
resided at Lallu Bhaiyya Chawl, Near Bawadi, Josephpatel Wadi, Sat
Bangala, Andheri (W), Mumbai. They search her house and found total
31 bottles kept in the white colour bag. They also found 180 ml GM
orange liquor and 90 ml GM Santra liquor in the brown box. They
seized and sealed the muddemal. Thereafter, informant lodged report
against that lady who is accused.
3. 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, I.O. filed chargesheet.
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4. My learned predecessor framed charge against the accused
for the above mentioned offence. The accused pleaded not guilty and
claimed to be tried. The prosecution has examined only one witness in
this case. The statement of the accused under Section 313 of the Code
of Criminal Procedure came to be recorded. Her defence is of total
denial.
5. The points for determination alongwith my findings
thereon as under :
POINTS FINDINGS
1] Does the prosecution prove that accused
found in possession of country liquor
bottles without having proper and valid
licence for possessing the same?
In the negative
2] What order ? The accused is
acquitted.
R E A S O N S
AS TO POINT NO. 1 :
6. Jagannath Bapurao Dabhade, informant (P.W.1) deposes at
Exh.4 that in the year 2017 he was attached to Versova Police Station.
PSI Bendkule has received information that lady is selling liquor at Sat
Bangala. they all staff went to the spot of incident alongwith two
panchas. At Lallubhai Chawl they found lady her named Shakuntala
Sharma. They also found 15 bottles of GM containing liquor and 16
plastic bottles containing liquor. They brought that lady and seized
muddemal liquor to the police station. I.O. has taken his statement.
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7. In his crossexamination he deposed that while going to
raid they have taken entry in station diary. They five persons went for
raid. They have not put on their uniform and they have taken police
vehicle for the raid. He admitted that they always going at the place of
incident. He denied that he acquainted the accused prior to the
incident. He admitted that the bottle of GM is easily available at wine
shop. He denied that the false information has received by PSI
Bendkule and they have falsely taken the accused into the police
station. He also denied that they have not seized the bottles of liquor
from the possession of the accused and he had filed false FIR on the say
of his senior PSI.
8. Considering the evidence of the prosecution there is no
substantial or concrete evidence to show that accused is found in
possession of illicit liquor. 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:
9. The prosecution failed to prove guilt of the accused.
Therefore, the accused is liable to be acquitted. In the result, in answer
to Point No.2, I pass the following order.
ORDER
1. The accused Shakuntala Gopal Sharma is acquitted of the
offence punishable under Section 65(E) of the Mumbai
Prohibition Act vide Section 255 (1) of the Code of Criminal
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Procedure.
2. Bail bond of the accused stand cancelled.
3. The accused to execute P.R. Bond of Rs.15,000/ (Rupees
Fifteen Thousand Only) vide Section 437 – A of the Code of
Criminal Procedure for appearance before the higher court, if
said court issues notice to her for her 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:09/01/2023 44 th Court, Andheri, Mumbai.
spj
Typed on: 09/01/2023
Signed on: 09/01/2023
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