GOPAL RAMDAS NAYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Gopal Ramdas Nayar, was convicted under section 66(1)(b) of the Bombay Prohibition Act, 1949 and sentenced to suffer rigorous imprisonment, for three months and to pay a fine of Rs. 500/- or in default to suffer further rigorous imprisonment for one month and also under section 3 read with section 112 of the Motor Vehicle Act, 1939 and ordered to pay a fine of Rs. 25/- or in default to suffer simple imprisonment for seven days, by the Presidency Magistrate, 6th Court, Mazgaon, Bombay, on September 21, 1973, in Criminal Case No. 1417/P of 1973 and 1418/P of 1973.

(2.) The prosecution case, against the accused may be summarised as under :--- .I. Gavandi was Anti Liquor Patrol Officer at Kalachowkie, on June 11, 1972 and while he was on patrolling duty with his staff, at about 5 a.m. he noticed one MRX car bearing 5008 coming at a fast speed and with considerable weight and going along Dr. B.A. Road from north to south. This aroused his suspicion. He and his staff gave a chase to the car in the jeep, upto Jeejaebhoy Lane, i.e. Chor Galli where the car was intercepted near the Public Urinal.

(3.) They found the accused at the steering wheel of the car speeding the car which was stopped. The car was smelling of liquor. S.I. Gavadni removed the ignition key and kept it with him. Two panchas, (P.W. 1) Anaji Jagannath, who turned hostile to the prosecution at the trial, and (P.W. 2) Kisan Bhiva Tambe who supported the prosecution were called. The car was searched in the presence of the two panchas and the panchnama was made. During that search, they found 18 Kerosene Oil tins containing illicit liquor at the rear side of the car. There was no rear seat. Thirteen more Kerosene Oil tins containing illicit liquor were found in the dicky of the car. Sample from each of these 31 tins were taken on the spot in 31 empty bottles in the presence of the panchas and the panchanama was drawn up there. Contrabands and sample were sealed and labelled with the signatures of the panchas. The panchanama is at Ex. A on the record.