STATE OF MAHARASHTRA Vs. SUBHASH BHIKA PARDHI

JUDGEMENT

(1.) State hereby assails the judgment and order dtd. 30/1/2006 passed by learned Judicial Magistrate First Class, Jamner in S.C.C. No.13 of 2003 acquitting respondent from charges under Sec. 85(1) of Bombay Prohibition Act.

(2.) Informant Shridhar Kendre, who was working as PSI, was available in his cabin on 11/9/2002 at 9:00 p.m. At that time, present respondent Subhash entered his cabin under influence of liquor and started abusing informant Shridhar. Constable, namely Shimpi and Shinde, tried to convince the accused, but accused did not mend his ways or conduct, and he continued to misbehave in a disorderly manner in the police station. Therefore, with the assistance of other police staff, accused was referred for medical examination, and thereafter, report was lodged for commission of offence under Sec. 85(1) of the Bombay Prohibition Act.

(3.) Learned trial court, before whom respondent was charge- sheeted, framing the charge and recorded the plea. In support of its case, prosecution examined in all 7 witnesses and also relied on oral and documentary evidence.