SHRI GAJANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) In this revision application, challenge is to the judgment and order dtd. 11/9/2015, passed by the learned Additional Sessions Judge, Gondia, whereby the learned Additional Sessions Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate First Class, Tiroda, for the offence punishable under Sec. 65(e) of the Maharashtra Prohibition Act, 1949 (for short 'the Prohibition Act') (Earlier it was Bombay Prohibition act). Learned Judicial Magistrate First Class on conviction sentenced the accused to suffer rigorous imprisonment for three years.

(3.) The facts are as follows: PW-4 Police Head Constable Sunil Lakhanprasad Yadav is the informant as well as investigating officer. It is the case of the prosecution that on 6/5/2012 PW-4 received secret information that one person by name Gajanan S/o. Vikram Gose, R/o. Garada was illegally selling the liquor at his house. PW-4, alongwith Police Constable Sanjay Ambule, went to village Garada at about 9:50 p.m. They called panch witnesses for the purpose of raid from the said village. They apprised the panchas about the purpose of raid. They went to the house of the accused. The accused was present in his house. They apprised the accused of the information received by PW-4 and informed him that for the said purpose they have to take a search of his house.