RAMAKANT GANPAT VAITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On July 1, 1976 at noon time P.S.I. Nawle attached to Mulund Police Station was on patrol duty in the company of his staff members. He spotted the petitioner near a building known as Shanti Bhuvan at Mulund and at that time he was carrying a plastic can. As the movements raised a suspicion in the mind of the Police Officers, the petitioner was apprehended and the can was attached in the presence of panch witnesses and it transpired that the can contained about 10 litres of illict liquor. Sample was taken in a bottle and it was forwarded to the Chemical Analyser who certified that it contained 20% v/v of ethyl alcohol in water. On these allegations the petitioner was charge-sheeted in the Court of the metropolitan Magistrate, 27th Court, Mulund, in Case No. 720/P/76 for the offence under section 66(1)(b) of the Bombay Prohibition Act.

(2.) Denying adverse allegations, the accused contended that he was innocent and was not found with any contraband article and that the same might have been foisted or planted on him.

(3.) The learned trial Magistrate accepted the prosecution evidence and held the petitioner guilty of the said offence and by his order dated November 26, 1976, convicted him of the same and sentenced him to suffer R.I. for three months and to pay a fine of Rs. 500/- in default further R.I. for six months.