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..1.. STC No. 580/2010
STC No. 580/2010
JUDGMENT
(Delivered on : 30/07/2012)
01. Following points arise for my determination and findings thereon
as under :
Points Findings
1. Whether prosecution proves that,
on 06042010 at Amrai,
Baramati accused found in
possession 5 ltr. illicit liquor and
wash? ... No.
REASONS
02. As to Point No. 1 :
In order to establish the guilt of accused prosecution examined
PW 1 Deepak Kamble and PW 2 Rajendra Bhise as a panch of seizure of illicit
liquor. Prosecution examined PW 3 Police Naik Suresh Bhoi as a investigate
oficer, PW 4 Police Constable Vaibhav Salave as a Carrier and PW 5 Police
Con. Kashinath Nagrale a complainant.
03. Prosecution examined PW 1 Deepak Kamble and PW 2 Rajendra
..2.. STC No. 580/2010
Bhise as a pancha of seizure of illicit liquor. But they have not stated anything
in support of the prosecution case. Accordingly they are declared as hostile.
They are cross examined by APP but nothing has been brought on record in
support of the prosecution case. Ld. APP Shri. Patale submitted that though the
pancha witnesses are turned as hostile but prosecution examined PW 3 police
Naik Bhoi who prepared seizure panchanama. According to APP seizure of
liquor is proved through the evidence of PW 3 Bhoi.
seized liquor is neither produced before this court nor shown to PW 3 Police
Naik Bhoi. PW 3 Bhoi has stated that he seized liquor from the possession of
accused but same is not shown to him while recording his evidence.
Accordingly the seized muddemal is not identified before the court. Therefore
it is uncertain that which muddemal was seized.
05. PW 3 Police Naik Bhoi further stated that, he took sample and
affixed signature label of the pancha on it. But the sample bottle is also not
produced before this court and shown to the said witness. Therefore
identification of the sample bottle before the court is also not established by
the prosecution. Furthermore for taking sample, empty bottle must be clean,
distiled and sterilized. If empty bottle is of country made liquor, definitely the
sample finds the contents of alcohol in it. For that purpose the empty bottle
must be clean and sterilized. But PW 3 Police Naik Bhoi has not stated that
while taking the sample empty bottle was shown to the pancha witness and it
..3.. STC No. 580/2010
was empty, clean, distiled and sterilized. Accordingly the sample is not drawn
as per the guidelines given under Bombay Prohibition Act.
06. PW 5 Police Con. Nagrale has stated that he lodged complaint
Exh. 21 against the accused, whereas PW 4 Police Constable Salave has stated
that he carried the sample bottle of present crime and delivered to C.A., Pune.
PW 4 Salave might have carried the sample bottle and delivered to C.A.Pune
but I have already discussed earlier that the seized muddemal not produced
before this court and not identified. Moreover it is not proved by the
prosecution that the sample bottle was clean, distiled and sterilized.
Accordingly it is not proved that the sample is drawn as per procedure and
guidelines given under Bombay Prohibition Act, therefore it is not proved that
the alleged muddemal was seized from the possession of accused. Due to non
production of sample bottle before this court it is also not proved that the
sample was taken from the seized muddemal. Due to non following the
guidelines the seizure as per rule is also not established. Accordingly it is not
proved that the accused found in possession illicit liquor and wash. Hence I
answer the point No. 1 in negative and come to the conclusion that accused is
entitle for acquittal in the result following order is passed.
ORDER
2. Bail bond of accused is cancelled.
..4.. STC No. 580/2010
3. The muddemal i.e. 5 liter illicit liquor be destroyed after appeal
period is over and glass be sold in public auction and its amount be
credited to Government.
sd/
Date : 30/07/2012. (B. D. Kadam)
JMFC (Court No. 3) Baramati.
C E R T I F I C A T E
“ I affirm that the contents of this P. D.F. file judgment are same word
for word as per original Judgment.
Name of Steno : Shri. Gudde D.L.
Court Name : 3rd Jt. C.J.J.D. & J.M.F.C., Baramati
Date : 30/07/2012
Judgment signed by
presiding officer on : 30/07/2012
Judgment uploaded on : 30/07/2012.”