Final Order 1

Order Details: Copy  of Judgment
Pdf Text: – 1 – C.C.NO.2739/PS/2018
Received on : 06/10/2018
Registered on : 06/10/2018
Decided on : 06/05/2023
Duration : 04 Y. 07 M. 00 D.
Exh. : 07
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.::MHMM190102152018 )
(a) The serial No. of the case; : C.C.NO.2739/PS/2018
(b) The date of commission of
the offence;
: 10/08/2018
(c) The name of the
complainant
(if any);
: The State (Versova Police Station
in P.C. R. No. 35/2018).
(d) The name of the accused
persons and their
parentage and residence;
:
Haiderabli Nasiruddin
Jahagirdar
Age 32 Years.
Occupation – Nil,
R/o.Gilburt Hill Road,
Near Mubaraq 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.
(h) The date of such order; : 06.05.2023
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Ms. Seema Mokal, APP for the State.
Mr.Pradeep Shetty, Advocate for the accused.
J U D G M E N T
( Delivered on 06/05/2023. )
1. The accused is prosecuted for the offence punishable under
Section 85(1) of Bombay Prohibition Act.
2. It is the case of the prosecution that on 10/08/2016 at
about 19.30 p.m. informant along with P.I. Mithbavakar and PSI
Rakshe were doing patrolling duty. Near Rocky beach Appo Hotel
House, J. P. Road, Andheri (W), Mumbai they found accused was found
to consumed liquor and behaving in disorderly manner. They called
panchas and prepared panchanama. Police asked the accused about the
licence. He has no licence about it. Police found one bottle of
kingfisher beer containing 180 ml. They smell the bottle and found
there is a liquor. Police poured the liquor before the panchas. Hence,
informant lodged report against the accused.
3. On the basis of the report given by the informant, crime no.
35/2018 came to be registered against the accused. 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. My learned predecessor framed charge against the accused
for the above mentioned offence. The accused pleaded not guilty and
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claimed to be tried. The prosecution has examined three witnesses in
total. 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 :
POINTS FINDINGS
1] Does the prosecution prove that
accused was found to 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 three witness in this case i.e.
Avinash Shyamrao Bhosle, informant (P.W.1), Natwarlal Chimanlal
Solankil, panch witness (P.W.2) and (P.W.3) Praveen Chandrakant
Rakshe, Investigating Officer.
7. Avinash Shyamrao Bhosle, informant (P.W.1) deposes at
Exh.3 that on 10/08/2018 he was attached to Versova police station.
While patrolling at 19.30 they found accused doing commotion on road.
They called two panchas. They asked the accused about his name and
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– 4 – C.C.NO.2739/PS/2018
address. He told his name as Hairdalali. They also asked about the
licence and he told he had not any licence of liquor. They found bottle
of kingfisher containing 180 ml. Liquor. They seized the bottle before
the panchas and prepared panchanama. Accused was sent for medical
examination to Cooper Hospital. After collecting medical report of
accused they found he was consumed liquor. Hence, he lodged report
against the accused.
8. During his crossexamination he admitted that no any
resident in that area had lodged complaint against the accused to police
station. He further admitted that accused was in their custody and they
never took any search of the accused. He denied that they never went
to the spot and not seized any bottle of liquor and not prepared
panchanama.
9. Natwarlal Chimanlal Solanki, panch witness (P.W.2)
deposes at Exh.4 that police had called him to act as panch at the police
station. He do not remember about the panchanama. The witness is not
supporting to the prosecution.
10. Praveen Chandrakant Rakshe, investigating officer (P.W.3)
deposes at Exh.5 that on 10/08/2018 he was attached to Versova police
station on day duty. While patrolling he found one person had doing
commotion. They took him in the custody. They found in his possession
of bottle of kingfisher. He told his name as Haiderali Jehangirdar.
Thereafter, he prepared panchanama Exh.6. He also collected medical
examination report of accused. Thereafter, he recorded statement of
witnesses and filed chargesheet against the accused.
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11. During his crossexamination he denied that he never sent
the accused for medical examination. He further denied that he never
collected the samples of beer bottle for C.A. report. He also denied that
he filed false chargesheet.
12. Considering the evidence of the prosecution there is no
substantial or concrete evidence to show that accused was 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 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:
13. 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 Haiderabli Nasiruddin Jahagirdar 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 stand cancelled.
3. The accused to execute P.R. Bond of Rs.15,000/ (Rupees
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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: 06/05/2023 44 th Court, Andheri, Mumbai.
spj
Typed on: 06/05/2023
Signed on: 06/05/2023
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