STATE OF GUJARAT Vs. ASHOKBHAI DADABHAI KATHI

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 28.3.2005 rendered by the learned Judicial Magistrate, First Class, Rajula in Criminal Case No.506 of 1995. The said case was registered against the present respondents original accused for the offence under Sections 66 (b), 65 (a) (e), 98 (2) and 81 of the Bombay Prohibition Act.

(2.) THE case of the prosecution is that that on 1.1.1995 while complainant Shri J.M. Thakar and his staff members were in watch on Mota Barman Village Road, at about 20.30 hours one Maruti Car bearing No. GJ -4 -B -9797 was instructed to stop, inspite of the fact driver of the said Maruti car ignored the signal of complainant and ran away. Therefore, complainant and other inspecting party has chased the said Maruti Car and caught red handed with muddamal English liquor in which 188 Chapta each of 180 mt. lts. Made by Kalpana Distillery, Div valued at Rs.5640/ - and quantity of 12 bottles of English liquor valued at Rs.1,800/ - was found in conscious possession of the said Maruti Car. It is further the case of the prosecution that accused no.1 had left the said muddamal and ran away from the place of incident whereas accused no.2 abetted the offence and thereby committed offence under sec. 66(b), 65(a)(e), 98(2) and 81 of Bombay Prohibition Act. Therefore, complainant Shri J.M. Thakar has filed a Complaint against the respondents and arrangement was made for panch witnesses and after drawing necessary panchnama, offence was registered against the respondents accused, for the alleged offence under sec. 66(b), 65(a)(e), 98(2) and 81 of Bombay Prohibition Act and respondents were arrested and sent to judicia1 custody.

(3.) IT is also the case of prosecution that as there was sufficient evidence against the accused persons, charge sheet was filed in the court of learned Judicial Magistrate, First Class, Raju1a, which was numbered as Criminal case No. 505/1995. The learned Magistrate read over the charges to the accused persons wherein the respondent accused have not pleaded guilty for the Charges levelled against them and claimed to be tried. The learned Magistrate after hearing parties from both side was pleased to acquit the respondents by his judgment and order of acquittal dated 28.3.2005.