RAMNIKLAL CHATRABHUJ DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN December, 1991 on New Year's eve the city of Mumbai witnessed one of the worst liquor tragedies when 93 people died and 56 were seriously affected including one person who lost his eyesight. They were all victims of the poisonous liquor containing methyl alcohol which they consumed in Chhaya Country Liquor Bar at Forjet Street. The night of celebration thus turned into a nightmare for hundreds of families. The magnitude of the calamity swung the police into action who, after close of investigation, chargesheeted nine persons for offences punishable under section 120-B, 326 and 328 read with sections 34,109 and 120-B of IPC and sections 65(b)(d)(e), 78, 81 and 83 of the Bombay Prohibition Act, 1949 read with sections 34, 109 and 120-B of IPC. The Additional Sessions Judge, Greater Mumbai discharged accused Nos. 6 to 9 vide order dated 13th July, 1993. Original accused No.3 Sainath Parshuram Karale died before the commencement of the trial and the trial proceeded against original accused Nos. 1, 2, 4 and 5, re-numbered as accused Nos. 1, 2, 3 and 4 against whom charges were framed for the aforesaid offences under IPC and the Bombay Prohibition Act. Accused Nos. 1, 2 and 4 were convicted under section 120-B read with sections 304 Part-I and 326 of IPC and sentenced to imprisonment for life. Accused Nos. 1, 2 and 4 were also fined with sums of Rs.5,00,000/-, Rs.1,00,000/- and Rs.1,00,000/- respectively, and in default they were directed to suffer imprisonment for a further period of two-and-half years. Accused No.3 was convicted under section 201 of IPC and sentenced to suffer RI for three years and was fined Rs.1,000/-, and in default to suffer imprisonment for six months. Accused Nos. 1, 2, 3 and 4 were also convicted under section 65(b)(d)(e) of the Bombay Prohibition Act read with sections 120-B, 34 and 109 of IPC and under sections 81 and 83 of the Bombay Prohibition Act but no separate sentence was imposed on this count. Criminal Appeal No.325 of 1994 was filed by the first accused, Criminal Appeal No. 324 of 1994 by the second accused and Criminal Appeal No.301 of 1994 by the fourth accused challenging their conviction and sentence. All these appeals were heard together.

(2.) ADMITTEDLY , at the material time, accused No.1 Chandrakant Pawar was the owner and licence holder of Chhaya Country Liquor Bar, accused No.2 Uday Kadam was the manager and accused No.3 Sadashiv Mahamane alias Mallinath and Sainath Karale (since deceased) were servants at the Chhaya Bar. It is alleged by the prosecution that accused Nos.1, 2, 3 and deceased Sainath and accused No.4 Ramnik Desai along with absconding accused Shabbir Udaipurwala entered into a conspiracy to procure methyl alcohol for mixing the same and sold along with the stock of Government approved country liquor at Chhaya Bar during the period 27th December, 1989 to 31st December, 1991. The gravemen of the charge is that accused Nos. 1 to 3 along with deceased Sainath and in association with accused No.4 and the absconding accused Shabbir, in pursuance of the criminal conspiracy during the period 27th December, 1991 at Chhaya Country Liquor Bar, mixed methyl alcohol (Methanol) and such other foreign ingredients to add to the actual or apparent intoxicating quantity or strength to the authorised supply of country liquor in breach of the various provisions of the Bombay Prohibition Act, causing death of 93 persons and injuries to 56 persons.

(3.) ON 2nd January,1992, at the instance of accused No.3 who was then arrested vide statement of discovery Ex.34 and panchnama Ex. 34-A, the police again visited the godown in Haji Kasam building and specimen from 12 empty bottles from one of the 14 boxes containing empty bottles were taken (S-1 to S-12) and pooled samples from bottles S-1 to S-12 were collected in a bottle marked 'S' and a plastic bucket was also seized. On the same day Prakash Raut (PW-5), brother of deceased Lahu Sitaram Raut, at about 4:00 p.m. handed over a bottle containing small quantity of liquor which was seized by the police under panchnama Ex. 35 and marked as 'R'. On 4th January, 1992 the police again visited Chhaya Bar as per the Court's order obtained by the officials of Prohibition and Excise Department and under panchnama Ex.29 the following five articles were seized from Chhaya Bar: (i) One Thimson Alcoholmeter calibrated at 20 degree'C' bearing degree from 0 to 100: (ii) one cylinder for holding liquor bearing No. 10 to 250 ML (PP) of Kasablanka Corporation Co.; (iii) one Amber Alcoholmeter 0 to 100% degree in safety cover; (iv) one small size lactometer of milk in safety cover and (v) one measuring plastic glass showing quantity from 10 to 50 ML (articles 1 to 5 collectively).