MANOJKUMAR RAMJIBHAI DHOLIYA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel Mr.Bharda appearing for the applicant. The applicant is the original accused against whom a criminal case No.5693/98 was registered on a complaint filed by Police Inspector, Navsari Town police station vide Crime Register No.III-411/1998 dated 10th June, 1998. The accused after investigation was chargesheeted for the offences punishable under Sections 66 (1) (B) and 85 (1) (3) of the Bombay Prohibition Act.

(2.) On conclusion of the Trial, the learned Judicial Magistrate, First Class, Navsari, vide judgment and order dated 27/07/1999 convicted the present applicant for the offences punishable under Section 66 (1) (B) and sentenced him to undergo S.I. for three months and also imposed fine of Rs.500.00. On account of default, he was further directed to undergo S.I. for two months. For rest of the charges he was acquitted by the Trial court.

(3.) Against the order of conviction recorded by the learned J.M.F.C. the applicant had preferred appeal in the Court of Sessions and the same was registered as Criminal Appeal No.48/99. By the impugned judgment dated 1 9/10/2001, the learned Sessions Judge dismissed the appeal confirming the order of conviction recorded by the learned J.M.F.C.