AMRITLAL MOTILAL PATHAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application in revision by the original accused against his conviction under section 65(e) of the Bombay Prohibition Act. He was sentenced to undergo R.I. for six months and to pay a fine of Rs. 500/- in default to undergo R.I. for one month by the Judicial Magistrate, First Class, Pimpalgaon and his appeal came to be dismissed by the Sessions Judge, Nasik, on 5th May, 1977. According to the case of the prosecution, the accused was running a hotel Swagat at Pimpalgaon Baswant a Taluka-town in Nasik. Information that he was selling liquor without permit was received and as such a trap was laid. Along with the panchas the Police party started from Nasik on 29-10-1973. In the after-noon they reached Pimpalgaon. Panchnama Exh. 10 was drawn showing that Constable Kakad was to act as a punter. He was given a marked 10 rupees currency note and along with panch Suka, he presented himself before the accused who was at the counter. The others in the raiding party had remained scattered nearabout.

(2.) As the prosecution version proceeds, a bottle of whisky was purchased by the punter on payment of Rs. 6/-. He gave the marked currency note of Rs. 10/- and got back Rs. 4/-. After coming out he gave the necessary signal. In the raid subsequently carried out the returned amount of Rs. 4/- remaining with the punter and the bottle in his hand came to be attached. Similarly, in the premises of the hotel, in the cash box the marked currency note as well as another amount of Rs. 4/- came to be traced. A number of bottles similar to the bottle of whisky sold to punter and others of different varieties were found nearby. They were seized.

(3.) The accused pleaded not guilty. According to him the whole thing was false. He did not elaborate whether anybody had come to his hotel and whether the Articles as noted in the panchnama Exh. 11 were found in the premises. In the cross-examination of the Investigating Officer, P.W. 3, Head-Constable Vasant Padgal, it is suggested that the raiding party had not at all gone to the hotel nor any incriminating was attached from the possession of the accused but only a false case was filed. According to the statement made by the accused he had refused to give free refreshment to the Police and that is why he was involved in a false case.