MADHUKAR VITHOBA THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On May 7, 1981 when the darkness was set in the evening at about 7 p.m. the complainant Head Constable Patil, who attached to Task Force went to village Nagaon in Raigad District. They went near the temple and parked the jeep and walked down some distance when they noticed one person sitting under a Banyan tree with a glass and can. That person was apprehended on the spot and it was disclosed that can contained illicit liqour. The sample was taken in a bottle and it was sealed and it is after few days that it was sent to the Chemical Analyser, who certified it to contain 27% V.V. ethyl alochol which was not tolerable or medical preparation. The person found is the accused, who was ultimately charge sheeted for an offence under section 66(1)(b) of the Prohibition Act.

(2.) The learned trial Magistrate convicted him on that charge and sentenced him to suffer R.I. for three months and to pay a fine of Rs. 500/- or in default R.I. for one month.

(3.) Criminal Appeal No. 38 of 1981 directed against the order was dismissed by the learned Sessions Judge, Raigad on August 31, 1982. An exception is being taken to that order of conviction and sentence in this proceeding.