B C KHATRI Vs. PESHURAM CHANDURAM

JUDGEMENT

(1.) This revision application has been filed by B. C. Khatri who was named as an accused in the complaint field by Peshuram, son of Chanduram Sindhi for an offence under section 77 read with section 90 of the Bombay Prohibition Act No. XXV of 1949. The complaint was filed on these allegations:

(2.) On these allegations the complainant urged that all these acts of the accused amounted to contravention of the Bombay Foreign Liquor Rules, 1953, and was an offence punishable under section 77 read with section 90 of the Bombay Prohibition Act and prayed that the accused should be punished according to law.

(3.) In support of the complaint, a statement of the complainant was recorded by the learned Magistrate before whom the complaint was filed in order to verify the truth or falsehood of the complaint made by the complainant. The statement was recorded on 30th of April 1966, this is, on the same day the complaint was filed. In this verified statement, the complainant has stated on oath that the licence to sell foreign liquor has been granted to B. C. Khatri and he has his shop on the City Library Road at Amravathi. The accused is the partner of the Sind Medical Stores and in March 1966 he made an application was rejected. He has further stated that on 20-4-1966 a consignment of 7 cases of foreign liquor was received in the name of the Sind Medical Stores and the Sind Medical Stores was not authorised to either store or sell the foreign liquor and hence the accused took those 7 cases of liquor into his shop and started selling the same.