STATE OF MAH.THR.PSO.KARANJA Vs. KULBIRSING AMRIKSINGH MAN
HIGH COURT OF BOMBAY (AT: NAGPUR)
State Of Mah.Thr.Pso.Karanja
Kulbirsing Amriksingh Man
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MURLIDHAR G.GIRATKAR, J. -
(1.) The State of Maharashtra has filed the present appeal against the judgment of acquittal in Summary Criminal Case No. 311/1998 decided by learned Judicial Magistrate, First Class, Karanja
(Gh.), Distt. Wardha.
(2.) The case of the prosecution is that, on 24/02/1998 Police Inspector, Shri V.G. Ingole effected a raid on Motel Highway, Dhabha within the jurisdiction of village Palora adjacent to National
Highway No.6. It is the contention of the complainant Police Inspector, Shri Vinod Ingole, that
during the raid 4 bottles of liquor, about 11 barrels of alcohol, 912 bottles of country liquor, one
plastic measure, some empty bottles and cartoons were found and seized. A cash of Rs. 36,444/- was
also seized which was the amount received by owner of Dhaba namely "Motel Highway" by selling
liquor. Shri V.G.Ingole, Police Inspector, prepared report at Exhibit No.90 and handed over to
Police Sub Inspector, Y.T. Rathod. The crime was registered against the accused persons. Police Sub
Inspector, Saiyyed filed charge sheet before the Court.
(3.) Particulars were explained to the accused persons. Prosecution examined in all total 5 witnesses. P.W. 1 and 3 are the Panch witnesses. P.W. Nos. 2, 4 and 5 are the Police Personnel. P.W.
No.2 has stated about the entire investigation. He has stated that 4 bottles of illicit liquor country
liquor in drums, and cash of 31,444/- were seized from the accused. There is no reason to discard
the evidence of prosecution witness, therefore he prayed to allow the appeal and convict the
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