STATE OF MAH.THR.PSO.KARANJA Vs. KULBIRSING AMRIKSINGH MAN
LAWS(BOM)-2017-7-69
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on July 14,2017

State Of Mah.Thr.Pso.Karanja Appellant
VERSUS
Kulbirsing Amriksingh Man Respondents

JUDGEMENT

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 accused.;


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