SHOBHA BABURO SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant (hereinafter referred as accused) challenges the judgments of conviction by the learned Judicial Magistrate, First Class, Nagbhid and confirmed by learned Sessions Court, Chandrapur. Learned JMFC in Summary Criminal Case No. 58 of 2009 has convicted the applicant for the offence punishable under Section 65(e) of the Maharashtra Prohibition Act and sentenced him to suffer RI for three years and to pay fine of Rs.25,000/-, in default, to suffer RI for six months. Appeal filed against the said judgment vide Regular Criminal Appeal No. 49 of 2010 came to be dismissed on 30.11.2015. Hence, the present revision before this Court.

(2.) As per the case of the prosecution, the applicant was doing the business of selling illegal liquor. On 09.03.2009, police got information about the liquor in possession of the accused. Police, along with two panchas, went to the house of accused. They gave search to the accused. Thereafter, house of the accused was searched. During search, 48 bottles of illicit country liquor (Santra Company) were found in her house. Out of 48 bottles, one bottle was taken for CA sample. Seizure panchnama was prepared. After completion of investigation, charge sheet was filed before the learned Judicial Magistrate, First Class, Nagbhid. Particulars were explained to the accused. Prosecution has examined four witnesses. After recording the statement of accused under Section 313 of the Code of Criminal Procedure and hearing the prosecution and defence, accused came to be convicted as stated above.

(3.) Heard Shri A.J. Thakkar, learned Counsel appearing on behalf of the applicant/accused and Shri H.D. Dubey, learned Additional Public Prosecutor appearing on behalf of the respondent/State.