Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.1951/PS/2019
Received on : 01/03/2019,
Registered on : 01/03/2019
Decided on : 21/09/2022
Duration : 03 Y. 06 M. 20 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.::MHMM190049252019 )
(a) The serial No. of the case; : C.C.NO.1951/PS/2019
(b) The date of commission of
the offence;
: 15/08/2018
(c) The name of the
complainant
(if any);
: The State (Versova Police Station
in P.C. R. No. 50/2018).
(d) The name of the accused
persons and their
parentage and residence;
:
Manoj Prakashchandra Thakur
Age 33 Years.
Occupation – Service,
R/o.Janta Colony,
Gilburt Hill Road,
Near Mohamadi Masjid,
Andheri (W), Mumbai.
(e) The offences complained of
or proved ;
: Under Section 85(1) of Bombay
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.
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(h) The date of such order; : 21.09.2022,
Ms. Seema Mokal, APP for the State.
Mr.Pradeep Shetty, Advocate for the accused.
J U D G M E N T
( Delivered on 21st September, 2022 )
The accused is prosecuted for the offence punishable under
Section 85(1) of Bombay Prohibition Act.
2. In brief, it is the case of the prosecution that on
15/08/2018 at about 00.20 hrs. informant while patrolling come near
Chai Coffee beach, J. P. Road, Andheri (W), Mumbai, accused was
found to consumed liquor without licence and under the influence of
liquor he was behaving in disorderly manner. Therefore, they called
two panchas. There was smell of liquor from that person. One glass
bottle having 60 ml liquor was found in his possession. Thereafter, they
asked his name before the panchas. He told his name as Manoj
Prakashchand Thakur. Thereafter, asked about the licence. But he
don't have the licence. Thereafter, he brought to police station.
Thereafter, he sent to medical examination to Cooper Hospital. Cooper
Hospital issued certificate about accused was consuming liquor.
Thereafter, informant lodged report to police station against the
accused.
3. On the basis of the report given by the informant, P.C.R no.
50/2018 came to be registered against the accused. During
investigation I.O. drawn spot panchanama in presence of panch
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witnesses. He arrested the accused. During further investigation I.O.
recorded statement of witnesses. After completion of investigation, I.O.
filed chargesheet.
4. The charge is framed 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. As there is no
incriminating evidence against the accused 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 :
Sr.No. POINTS FINDINGS
1] Does the prosecution prove that
accused was 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 is
acquitted.
R E A S O N S
AS TO POINT NO. 1 :
6. Prosecution has examined P.W.No.1 Sunil Jagannath More
though deposed before the Court that he was patrolling duty on
14/08/2018. At about 1.00 p.m. they were at chaicoffee beach. They
found one person under the drunk creating nuisance. They asked his
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– 4 – C.C.NO.1951/PS/2019
name. He told his name as Manoj Thakur. There was alcohol smell
coming from his mouth. They called two panchas and they found one
bottle of 60 ml liquor from his possession. They brought him to the
police station. Thereafter, he was sent to medical examination.
7. During his crossexamination he admitted that he have not
given entry of station diary about his patrolling duty to the investigating
officer. The chaicoffee road is busy road. Adjacent to chaicofee there
are buildings and shops. People were not gathered at the spot of
incident. Nobody has make complaint about creating nuisance by
accused. He had not given the bottle of 60 ml liquor to the
investigating officer while lodging the complaint as he was found from
the possession of the accused. He denied that there was not any liquor
bottle was found in possession of accused and he was not drunk and not
creating nuisance therefore he was not sent to medical examination.
8. Considering the evidence of the prosecution there is no
substantial or concrete evidence to show that accused are found
consumed liquor and intoxication behaved in disorderly manner in a
public place. Moreover, there is no any medical examination report
which 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:
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.
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– 5 – C.C.NO.1951/PS/2019
ORDER
1. The accused Manoj Prakashchandra Thakur is acquitted of
the offence punishable under Section 85(1)of the Bombay
Prohibition Act vide Section 255 (1) of the Code of Criminal
Procedure.
2. Bail bond of the accused stands 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 him for his 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: 21/09/2022 44 th Court, Andheri, Mumbai.
spj
Typed on: 21/09/2022
Signed on: 21/09/2022
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