DILIP SURESH SANSI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged his conviction for the alleged offences punishable u/ss.65AE, 66B and 116B of the Bombay Prohibition Act vide judgment and order dated 15.1.2004 by the learned JMFC, Dahod in Criminal Case No.779 of 2001, which was confirmed by Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Dahod in Criminal Appeal No.72 of 2004 (new) having original Criminal Appeal No.2 of 2004 (old) by judgment and order dated 16.1.2006. The applicant was on bail during the trial and at present also, in view of the order dated 3.2.2006.

(2.) HEARD Mr.M.I.Mansuri, learned advocate for the applicant and Ms.Jirga Jhaveri, learned A.P.P. for the State.

(3.) LEARNED advocate Mr.Mansuri has pointed out relevant discussion from the judgments whereby both the Courts have confirmed conviction of the applicant, submitted that, there is no proper appreciation of evidence and conviction is based solely upon the presumption on every count. He, therefore, submitted, relying upon few judgments, which may be discussed hereinafter that conviction of the applicant cannot sustain and, therefore, requested to allow the petition by acquitting the applicant.