Order 5

Order Details: Order below EX-1
Pdf Text: 1 C. C. No. : 2527/SS/2026
Exh.- 11
Deposition of C. W. No. 1
I state on solemn affirmation that,
My Name -: Santosh Pandurang Naik,
Age -: 58 Years,
Occ. -: Retired as Sr. Sanitary Inspector, H/East Ward, BMC, Mumbai.
R/at -: At Umrale, Gavadhaniwadi, Post-Sopara, Tal-Vasai, Dist-Palghar.
Examination-in-Chief by Ld. A.L.O. Mr. R.W. Sonawane for the complainant :-
1. Now I am retired. Before my retirement, from April, 2022, I was
working as a Sr. Sanitary Inspector in H/East Ward, BMC, Mumbai. My duty
was to explore my area to find out unauthorized trades and to take necessary
actions against such trades, to get the work done from my subordinate
officers and employees, after receiving complaints from citizens regarding
unauthorized trades to deal such complaints and to resolve them. In this
regard, I was authorized by the then Deputy Municipal Commissioner, Zone-
III, of BMC. Today, I have brought the original authority order with me. The
scanned copy thereof is uploaded on the e-filing portal. I am ready to produce
the original before the Court for its verification and comparison with the
document which is uploaded on the portal.
The Court has verified the
original produced by the witness and compared it with the scanned copy of
the document uploaded on the e-filing portal by verifying a Cases Information
System (CIS) i.e. an online and authenticated software of the Court. The
Court finds it the same as per the original. The original is also made
available to the defence side and thereafter the original is returned to the
witness. The contents in the document are true and correct. It bears the
signature of the then Deputy Municipal Commissioner Shri. Vishvas
Pandurang Mote.
Since it is a public document, it is marked as Exh.-12.
2. On 02/04/2026, when I was on duty, I had been to M/s. Tanjai
Residency, 167/A, Tanaji House, Kalina Sunder Nagar Road No.3, Santacruz
(E), Mumbai for inspection. There I saw that in that premise, a trade of
Lodging House without license was going on. I asked the person sitting there
and doing the said trade that if he has a trade license issued by Health Officer
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2 C. C. No. : 2527/SS/2026
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of BMC for said trade. He could not show me the license. I asked him his
name in response to which he answered that his name is Mr. Tark Eshwar
Mandal. He was identified as worker of the said trade. Then I proceeded to
ask him that who is the owner of the premise and trade. He answered that Mr.
Mohammad Abidali Tanaji is the owner and conductor of that premise and
trade. Accordingly, I conducted an inspection of that premise and thereafter
prepared an inspection report in triplicate. The original thereof handed over
to the conductor of the business and I retained to carbon copies. I have
uploaded a scanned copy of the said office copy of the notice on the portal on
the e-filing portal. Today I have brought the original with me.
The Court
compared the copy brought by the witness and a copy available on the CIS
and found to be the same. The original is made available to the other side for
inspection and returned back to the witness. The contents there is are true. It
bears my signature. It is marked as
Exh.13.
3. Then, I waited for 7 days for registration certificate to be
submitted by the conductor and the owner of that premise. In those 7 days
nobody came to me to submit such certificate. Then I prepared an offence-
sheet and sent it to the legal department for further necessary action. I have
uploaded a scanned copy of the said offence sheet on the portal on the e-filing
portal. Today I have brought the original with me.
The Court compared the
copy brought by the witness and a copy available on the CIS and found to be
the same. The original is made available to the other side for inspection and
returned back to the witness. The contents there is are true. It bears my
signature. It is marked as Exh.14. I can identify the accused if I see him.
Today the accused not present.
The Examination-in-Chief is over.
Cross examination by Ld. Advocate Mr. Sandesh More for accused :-
4. On the date of my inspection on the alleged site of the accused, I
did not inquire about the ownership of the spot and the shop where that trade
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was in operation. It is true that, in such cases the person who allowed to carry
such trade can also be arraigned. I did not inquire with that persons that who
is the owner of that spot and structure. Because of my ignorance I did not
inquire about the same.
5. In order to show that on that date and place the accused was
doing that particular trade, or operation or process illegally, I did not seize
any tool, or article which was being used in such trade, operation or process
nor I seized sample of any food which was being prepared there. In order to
show that on that date and place the accused was selling the food illegally, I
did not seize any evidence such as a receipt, a receipt book, token, slip, daily
account register, ledger, etc.. This happened out of my ignorance.
6. It is not true that, on the date of my visit and inspection to the
shop of the accused Mr. Vishvas Pandurang Mote was holding the office of
Deputy Commissioner, Zone-III, Mumbai. It is not true that on that date I was
not holding a valid authority to enter into that premise and conduct
inspection and prepare memorandum thereof. It is not true that the signature
appearing on the document at Exh.12 is not of Mr. Vishvas Pandurang Mote.
It is true that, Mr. Mote did not sign the document at Exh.12 in my presence.
It is not true that, on the given date, time and place I did not make any visit
nor conducted any inspection. It is not true that, I am deposing false on oath.
It is not true that, on the basis of false documents, I have prepared false
inspection report and forwarded false offence-sheet to the Medical Officer of
Health Department of BMC.
Cross examination is over.
R.O.A.C
( Amrit C. Birajdar )
Judicial Magistrate (First Class),
Date: 04/09/2026 39th Court, Vile Parle, Mumbai.
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