BHUPATBHAI ARJANBHAI TARAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has preferred the present Revision Application against the judgment and order of conviction and sentence dated 13th September, 2005 passed by the learned Judicial Magistrate First Class, Modasa in Criminal Case No.1098 of 1996, which was confirmed by the learned Additional Sessions Judge, 5th Fast Track Court, Modasa, vide order dated 21st July, 2007 in Criminal Appeal No.23 of 2005, whereby the applicant-accused has been convicted under Section 66(1)(B) of the Bombay Prohibition Act.

(2.) It is the case of the prosecution that the on 08th November, 1995 a case was registered against the present applicant with Dhansura Police Station for the offence under Sections 85(1)(3) and 66(1)(B) of the Bombay Prohibition Act. Thereafter, investigation was carried out and after completion of investigation, as sufficient evidence were found against the applicant, charge-sheet came to be filed in the Court of learned Judicial Magistrate First Class at Modasa on 03rd April, 1996.

(3.) Thereafter, below Exhibit 5 statement of the applicant came to be recorded and as the applicant did not plead guilty, the trial proceeded against the applicant. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence in support of its case.