STATE OF GUJARAT Vs. HARDIP PRADIP GADHVI

JUDGEMENT

(1.) THE appellant � State of Gujarat, has filed this Appeal under Section 378(1)(3) of the Code of Criminal Procedure, against the Judgment and order of acquittal dated 18.6.2005 passed by the learned Judicial Magistrate, First Class, Pardi, in Criminal Case No.3850 of 2004, whereby the learned Magistrate has acquitted the respondent � original accused of the charges alleged against him.

(2.) THE short facts of the prosecution case are that on 2.4.2004 at about 23.15 hours on Vapi Over Bridge, near Bhavsar Petroleum, the respondent � accused was found in conscious possession of 210 bottles of English Liquor, valued at Rs.22,050/- in their Bollero Jeep and other illegal articles, like Cartridge, Blank Cheque, Rivolver, etc., valued at Rs.23,180/-. Therefore, the complaint has been filed against the respondent and, after drawing the panchnama, the offence under Sections 66(1)(b), 65(a)(e) and 81 of the Bombay Prohibition Act was registered against the respondents � accused. The said case was registered as Criminal Case No.3850 of 2004 in the Court of learned Judicial Magistrate, First Class, Pardi.

(3.) HEARD learned A.P.P. Mr. K.P. Raval, appearing on behalf of the appellant - State and the learned Advocate Mr. Harnish Darji, appearing on behalf of the respondent � original accused.