STATE OF GUJARAT Vs. BUTASING INDRASING

JUDGEMENT

(1.) In a criminal case under this acquittal appeal the trial Court rejected an application made by the prosecution for issuing an arrest-warrant for an arrest of a material witness which it wanted to examine and hence this Court is called upon to decide what are the powers and duties of the trial Court in matter of examining a recalcitrant witness ?

(2.) To start with the above acquittal appeal arises out of the judg- ment and order dt. 17/10/1980 in Summary Case No. 1249 of 1980 rendered by the learned Metropolitan Magistrate Ahmedabad Court No. 9 (for short hereinafter referred to as the trial Court) wherein accused Butasing Indrasing who came to be tried for the offence punishable under Sec. 66(1)(b) of the Bombay Prohibition Act 1949 and came to be acquitted.

(3.) It was the prosecution case that on 19/08/1979 PSI Shri J. G. Bihola was serving as Police Sub-Inspector in Special Prohibi- tion Squad Eastern Division Ahmedabad. On getting tip that a person named Butasing was coming in a train Gujarat Queen with illicit foreign liquor and was to get down at Maninagar Railway Station he alongwith other Police Personnels and Panchas rushed to the Maninagar Railway Station and was lying in wait for arrival of Gujarat Queen which came at 10-00 hours. On the accused coming out of the station he was stopped and questioned in the presence of the panchas and was asked to open the bag which he was carrying on the head and which he opened with the key taken out from his pocket. It was found that he was carrying 126 bottles of the prohibited liquor. The accused had not any pass or permit and could not give any explanation as regards the possession of the said muddamal. Thereafter in the presence of the panchas the said bottles were attached and sealed. On the basis of these facts a complaint came to be filed and after the investigation was over the accused came to be charge-sheeted on 22/08/1979 before the trial Court.