Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 2565/PS/2018.
C/S filed on : 11/09/2018
Registered on : 05/10/2018
Decided on : 23/10/2024
Duration : 06 Y 01 M 12 D
Exh.11.
IN THE COURT OF THE JUDICIAL MAGISTRATE (F.C.)
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. M. SHAIKH)
C. C. No. 2565/PS/2018 (LAC No.170/2018)
(C.N.R.No. MHMM19-010055-2018)
J U D G M E N T
(u/Sec. 355 of Cr.P.C.)
(a) The serial number of the case. : C. C. No. 2565/PS/2018
(b) The date of the commission of
the offence.
: Dated 07/09/2018
(c) The name of the Informant. : The State (D.N.Nagar Police
Station in LAC No. 170/2018)
(d) The name of the accused
person and his parentage and
residence;
: Shivaji Ramchandra Shinde @
Shivaji Chandrakant Shinde,
Age : 46 Yrs,
R/o. Yashvant Nagar, Goregaon
(E), Mumbai.
(e) The offence complained of : Under Section 85 (1) of the
Bombay Prohibition Act.
(f) The plea of the accused and
his examination.
: Accused pleaded not guilty.
(g) The final order : Accused is acquitted.
(h) The date of such order : 23/10/2024
(i) Brief statement of reasons : As recorded herein below.
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Judgment 2 C. C. No. 2565/PS/2018.
Assistant Public Prosecutor : Shri. N.N. Sapkale.
Advocate for the accused : Shri. S.D. Namey
JUDGMENT
1. Accused is facing trial for the offence punishable under
Sections 85(1) of Bombay Prohibition Act.
2. In order to prove the guilt of accused, prosecution has
examined in all three witnesses. The evidence of PW1 Informant Tanaji
Yashvant Mulik at Exh.5, PW2 Prashant Prakash Bhuwad at Exh.7, PW3
IO PSI Anandrao Vilas Kashid at Exh.8 came to be recorded. Thereafter,
the statement of accused u/Sec.313 of Cr.PC is recorded at Exh.10
wherein he took defence that he was going to hospital as his father was
admitted and police came there and falsely implicated him in this case.
Heard, Ld. APP for the State and Ld. Advocate for the accused. Perused
the oral and documentary evidence brought on record.
3. In this back ground PW1 Informant Tanaji Yashvant Mulik
and PW2 deposed that, on 06/09/2018 they were on night duty
alongwith PSI Kashid and they were doing Patrolling Duty. When they
reached near Versova Link road, they came to know that quarrel was
going on between two persons under the influence of liquor at 1.15
hours. They brought them to police station and they were referred to
Cooper Hospital for medical examination. After medical examination
doctor gave report that, both accused were under the influence of liquor
and thereafter informant PW1 lodged FIR against the accused and he
proved it at Exh.6.
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Judgment 3 C. C. No. 2565/PS/2018.
4. During their cross-examination conducted on behalf of
accused, it is brought on record that, while doing Patrolling duty entry
in station diary is required to be made, however, the copy of entry in
station diary is not produced before the IO and it is not annexed with
chargesheet. Informant PW1 stated while lodging FIR that two persons
were referred to Cooper Hospital for medical examination, however, it is
not mentioned in his FIR. The rest of the cross-examination is that of
denial.
5. The last witness examined by the prosecution PW3 IO PSI
Anandrao Vilas Kashid deposed that, on 07/09/2018 he registered one
crime vide C.R.No. 170/2018 against accused. Thereafter he carried
investigation in the matter wherein medical examination of accused was
conducted and report is filed alognwith Chargesheet. He recorded
statements of witness, visited spot and drew spot panchnama which he
proved at Exh.9. As he found sufficient evidence during investigation
against accused, he filed chargesheet against accused and he identified
the accused present before the Court.
6. During his cross-examination conducted on behalf of
accused, he admitted that, he has not seen accused while actually
consuming liquor on public place and no liquor bottle was found in his
hand. The rest of the cross is that of denial.
7. Now at this stage on perusal of entire evidence adduced by
the prosecution, it appears that, PW1 is the informant who proved FIR
at Exh.6 and the informant and PW2 narrated that, they along-with PSI
Kashid, ASI Mhaske and WPC Bhosale went on Patrolling duty on
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Judgment 4 C. C. No. 2565/PS/2018.
06/09/2018. However, in order to buttress the testimony of PW1 and
PW2, prosecution has not examined other police persons who found
accused under the influence of liquor i.e. PSI Kashid and WPC Bhosale.
So also the prosecution has not examined any panch witness. Apart
from PW1 and PW2 there is no independent witness examined by the
prosecution to prove the guilt of accused. PW3 who is the Investigating
officer has deposed about the investigation carried out by him and in his
cross-examination he admitted that, he has not seen accused while
actually consuming liquor on public place and no liquor bottle was
found in his hand. So also the medical report of accused is also not
proved to show that he was found under the influence of liquor or that
he has consumed alcohol.
8. Therefore, considering all these facts, it appears that, the
evidence adduced by the prosecution is not sufficient to prove the guilt
of accused for the offence p/u/s. 85(1) of Bombay Prohibition Act
beyond all reasonable doubt. As such the accused is entitled to be
acquitted. In the result I proceed to pass following order:
ORDER
i Accused Shivaji Ramchandra Shinde @
Shivaji Chandrakant Shinde is acquitted of the
offences punishable under Section 85(1) Bombay
Prohibition Act vide Section 255 (1) of the Code of
Criminal Procedure.
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Judgment 5 C. C. No. 2565/PS/2018.
ii Bail bonds of the accused stands cancelled.
iii The accused shall furnish bond of Rs.10,000/-
under section 437(A) of the Code of Criminal
Procedure.
(R. M. Shaikh)
Judicial Magistrate (F.C.)
Date: 23/10/2024. 10th Court, Andheri, Mumbai.
Dictated on : 23/10/2024.
Transcribed on : 23/10/2024.
Signed on : 23/10/2024.
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