Final Order 1

Order Details: Copy  of Judgment
Pdf Text: Judgment 1 C. C. No. 3882/PS/2018.
C/S filed on : 18/12/2018
Registered on : 18/12/2018
Decided on : 03/01/2026
Duration : 07 Y 00 M 16 D
Exh. 11.
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
10th COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY S.G.AGRAWAL)
C. C. NO. 3882/PS/2018
(LAC No.195/2018)
CNR NO. MHMM19-014926-2018
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. 3882/PS/2018
(b) The date of the commission of
the offence.
: On 25/11/2018
(c) The name of the Informant. : The State (D.N.Nagar Police
Station in LAC No.195/2018)
(d) The name of the accused
person and their parentage
and residence;
: 1. Yogesh Dipak Wapekar,
Age – 33 years,
R/o. R.No. 77, Juhu Lane,
Andheri (W), Mumbai.
2. Sharad Vinod Parab,
Age – 45 years,
R/o. R.No. 21, Juhu Lane,
Andheri (W), Mumbai.
3. Sachin Shankar Kharale,
Age – 33 years,
R/o. R.No.301, Juhu Galli,
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Judgment 2 C. C. No. 3882/PS/2018.
Andheri (W), Mumbai.
4. Manoj Vilas Mandavkar,
Age – 39 years,
R/o. R.No.96, Masalawala Bld.,
Andheri (W), Mumbai.
5. Durvesh Ravi Khokale,
Age – 27 years,
R/o. Juhu Lane,
Andheri (W), Mumbai.
(e) The offence complained of : Under Section 85(1) of Bombay
Prohibition Act.
(f) The plea of the accused and
their examination.
: Accused pleaded not guilty.
(g) The final order : Accused are acquitted.
(h) The date of such order : 03/01/2026
(i) Brief statement of reasons : As recorded herein below.
J U D G M E N T
(Delivered on 03/01/2026)
The prosecution was required to prove that on
25/11/2018 at about 00.15 hours at Masalewala Bld., Near Water
Tank, N.C. Phadke Road, Andheri (W), Mumbai, were found
consuming alcohol, making noise and misbehaving in public place
without any valid license
2. The accused have pleaded innocence and trial commenced.
None of the witnesses except witness PC Subhash Babu Pawar was
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Judgment 3 C. C. No. 3882/PS/2018.
examined by the prosecution.
3. PC Subhash Pawar has stated that on 24/11/2018 he was
on night Patrolling duty along-with API Gogawale and ASI Sanjay Pawar
and when they reached near Masalewala Bld., N.C. Phadke Road,
Andheri (W), Mumbai, they heard noise of five persons under influence
of liquor. They made inquiry with them and referred for medical
examination to Cooper Hospital. Thereafter, they were brought to police
station and FIR was lodged against them and his statement was
recorded by police.
4. Summons were issued to the informant, however, inspite of
service of summons, the prosecution has failed to examine the
informant. Except police witness the prosecution has not examined any
eye witness or other independent witness. The prosecution has also not
examined ASI Gogawale or other police staff who were also present on
the spot along-with informant. PW1 nowhere stated that he had seen
accused while actually consuming liquor on public place and liquor
bottle was found in their hand. So also he has no where stated that any
complaint has been lodged by nearby people that accused by consuming
alcohol were misbehaving or disturbing their peace.
5. So also the spot panchnama is not duly proved due to non
examination of panch witnesses and investigating officer. Moreover, the
medical reports of accused are also not proved to show that they were
found under the influence of liquor or that they have consumed alcohol.
Non examination of informant is not justified. Therefore, merely on the
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Judgment 4 C. C. No. 3882/PS/2018.
testimony of PW1, it cannot be said that accused found making
nuisance on the public road by consuming liquor illegally without
having any valid license on the spot. Thus, 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.
Therefore, the accused are entitled for acquittal. In the result, I pass the
following order.
ORDER
i Accused No. 1. Yogesh Dipak Wapekar, accused
No. 2. Sharad Vinod Parab, accused No. 3. Sachin
Shankar Kharale, accused No. 4. Manoj Vilas
Mandavkar and accused No. 5. Durvesh Ravi Khokale
are acquitted of the offences punishable under Section
85(1) of Bombay Prohibition Act vide Section 255(1)
of the Code of Criminal Procedure.
ii Bail bonds of the accused stands cancelled.
iii Each 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: 03/01/2026. 10th Court, Andheri, Mumbai.
Dictated on : 03/01/2026
Transcribed on : 03/01/2026
Signed on : 03/01/2026
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