ASHOK HARIBA MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The revision petitioner challenges the order of the learned Additional Sessions Judge, Sholapur confirming the order of the learned Judicial Magistrate, First Class, Akalkut, convicting him for an office under section 68(1)(b) of the Bombay Prohibition Act and sentencing him to suffer R.I. for three months and to pay a fine of Rs. 50/-.

(2.) Both the learned Advocates for the petitioner accused and Mr. Deshmukh, Public Prosecutor found much difficulty in making any head or tail and of reading the judgments of the courts below. That is why all of us went through the original record of the case Mr. Deshmukh was fair enough to concede that this is a clear case where even putting the case of the prosecution at its highest the accused-revision petitioner is entitled to the benefit of doubt.

(3.) Having regard to the manner in which the evidence has been given by the witnesses it is difficult to state the case for the prosecution in a conventional manner. Suffice it to say that the case for the prosecution was as under :