Professional Documents
Culture Documents
Display PDF
Display PDF
ORDER BELOW EXH.01 in S.C.C.No.2541/2018
State of Mah. Through P.S.Wani Vs. Amol Shankarrao Telang
In view of the permission sanctioned by the Honorable Registrar
(InspectionI) High Court (Appellate Side) Bombay, vide No.B(Gen.)1001/2023/03,
dated 03.01.2023 and the directions issued by the Honorable Principal District and
Sessions Judge, Yavatmal, vide O.W.No.172/Statistic/2023, Dated 12.01.2023, I have
been empowered to conduct Special Drive and to dispose of suitable matters u/Sec.256
and 258 of the Code of the Criminal Procedure, 1973.
Accordingly, the matter is kept in Special Drive. The accused are facing
trial for the offence punishable u/Sec. 65(a, e), 82, 83 of the Maharashtra Prohibition
Act, 1949. In the proceeding no Chemical Analysis Report is placed on record till today.
Being a technical offence, in absence of C.A. report, the accused cannot be convicted at all.
The nature of proceeding is of summary. In my view, the present proceeding is suitable to
be disposed of u/Sec.258 of the Cr. P.C. Hence, I pass the following order.
ORDER
1. The proceeding is hereby stopped, u/Sec. 258 of Cr. P. C.
2. The accused are discharged of the offence punishable under Sec.65(a, e), 82, 83 of
the Maharashtra Prohibition Act, 1949.
3. Bail bonds of the accused stands cancelled, if any.
4. The seized liquor be forwarded to the Collector (Excise) for its due disposal,
as per rules in this regards.
5. After the appeal period is over, seized vehicle be returned to the person from
whom was seized or it's owner, whosoever, claim as per his preference and if
already custody handed over by suprutnama, the bond stand cancelled and if the
property not claimed within six months from the date of order on expiry of appeal
period, the vehicle be forwarded in the custody of concern R.T.O., for due disposal
as per rules.
6. The proceeding is stopped out of the reason of continuous absence of accused,
which amounts of breach of bail order, hence, the amount of cash surety, be
forfeited to the Government. Digitally signed by
SUDHIR MADHUKAR
BOMIDWAR
Date: 2023.02.10
13:15:54 +0530
Place : Wani (Sudhir M. Bomidwar)
Date : 10.02.2023 J. M. F. C.Wani