...JMFC, Gandhinagar in Criminal Case No. 633 of 1995, acquitting the respondent/original accused of the charge of committing offence under section 85(1)(3) and 66(1)B of the Bombay...consuming alcohol. As he appeared to be under the influence of alcohol, he was proceeded against for committing offence under section 85(1)(3) and 66(1)B of the Bombay Prohibition Act (‘Prohibition Act’ for...committing offence punishable under section 85(1)(3) and 66(1)B of the Prohibition Act vide order dated 7/5/2004, which is impugned in this appeal under section 378 Cr.P.C...

...charge of committing offence under section 85 (1) (3) and 66 (1) B of the Bombay Prohibition Act. The case of the prosecution before the Court was that the accused was caught on 5/12/1994 at 23.00...section 85 (1) (3) and 66 (1) B of the Bombay Prohibition Act ( 'Prohibition Act' for short). The court after recording evidence and appreciating the same came to the conclusion that there was...deserved to be given benefit of doubt, and accordingly accused was acquitted of the charge of committing offence punishable under section 85 (1) (3) and 66 (1) B of the Prohibition Act vide order dated 7...

...”. Vijaysingh was prosecuted before the Judicial Magistrate First Class, Akola, under Section 66(1)(b) and Section 85(1)(1), (2) and (3) of the Act. The said Magistrate convicted the appellant both under Section 66(1)(b) and Section 85(1...)(1), (2) and (3) of the Act, but sentenced him only under Sections 66(1)(b) and 85(1)(1) of the Act. On appeal, the learned Sessions Judge, Akola, acquitted the appellant under Section 66(1)(b) of the Act, but confirmed the conviction and sentence under Section 85(1...Section 66 (1)(b) of the Act the State of Maharashtra preferred an appeal to the High Court; and against the order of conviction under Section 85 (1)(1) of the Act the appellant preferred a revision to the...

...III-5275 of 2002 66(1)(b), 85(1-3) of the Prohibition Act Kirti Mandir III-5052 of 1999 66-1-B, 85(1-3) of the Prohibition Act Kirti Mandir I-102 of 2001 279...Section 135 of the BP Act Kirti Mandir III-5132 of 2003 66(1)(b) and 65(e) of the Prohibition Act Kirti Mandir I-44 of 1993 279, 337, 338 IPC and Sections 177, 184, etc...-46 of 1993 147, 325, 149, etc. IPC Madhavpur III-18 of 1992 66-B, 66(e) of the Prohibition Act Madhavpur II-28 of 1995 25(1-B)(a) of the Arms Act Kutiyana II-3003 of 2001...

...the accused of the charge of committing offence under section 85(1)(3) and 66(1)(B) of Bombay Prohibition Act. Short facts leading to filing of this appeal deserves to be set out...as under. The respondent accused was facing charge and was tried by learned JMFC, Gandhinagar in Criminal Case No. 1624 of 1995 for the offence punishable under section 85(1)(3) and 66(1)(B) of...under section 378 (1) (3) of the Criminal Procedure Code challenging the acquittal order dated 23/4/2004 passed by learned JMFC (Court No.3), Gandhinagar in Criminal Case No. 1624 of 1995 acquitting of...

...appellant - State, submitted that the learned Judge acquitted the respondents for the offence punishable under Sections 66(1)(B), 85(1)(3) of the Bombay Prohibition Act and Sections 110...set aside and the respondent be convicted for the offence punishable under Sections 66(1)(B), 85(1)(3) of the Bombay Prohibition Act and Sections 110 and 117 of the Bombay Police Act...made out against the respondent by the prosecution so as to convict the respondent for the offence punishable under Sections 66(1)(B), 85(1)(3) of the Bombay Prohibition Act and...

...), Gandhinagar in Criminal Case No. 1624 of 1995 acquitting of the accused of the charge of committing offence under section 85(1)(3) and 66(1)(B) of Bombay Prohibition Act.3. Short facts leading...offence punishable under section 85(1)(3) and 66(1)(B) of the Bombay Prohibition Act (herein after referred to as the ‘Prohibition Act’ for brevity). The Head Constable...ORAL JUDGMENT1. Heard learned APP Shri Nanavaty for the appellant State. Notice is not received back from the respondent.2. The appellant State of Gujarat has...

..., Aurangabad, partly allowing the petitioners' appeal and setting aside the conviction and sentence under section 85(1) of the Bombay Prohibition Act, and confirming the conviction and sentence of the petitioner under section 66(1)(b) of...was filed against the petitioner under section 66(1)(b) and 85(1) of the Bombay Prohibition Act.3. The prosecution examined as many as 9 witnesses out of which 4 were regarding his...not discharged the burden imposed on him under section 66(2) of the Bombay Prohibition Act. He therefore, convicted the accused under sections 85(1) and 66(1)(b) of...

...Dixit, J.:— This is an appeal against an acquittal preferred by the State in a prosecution arising under S. 66(b) and Ss. 85(1)(1) and 85(1)(2) of the Bombay Prohibition Act. The acquittal of the accused under S. 66(b) is...).3. The question whether an accused person has taken prohibited liquor or permitted liquor is irrelevant for an offence under S. 85(1)(1) or S. 85(1)(2). If it is shown that an accused person..., therefore, be allowed and the order of acquittal will be set aside. We convict the respondent of offences under Ss. 85(1)(1) and 85(1)(2). However, it is not necessary to impose two separate sentences...

...Sections 85(1)(iii) & 66(1)B of the Bombay Prohibition Act and Sections 110 & 117 of the Bombay Police Act. He came to be proceeded against departmentally also and was found to be guilty of...ORAL ORDER1. The petitioner is the widow of deceased employee Dahyabhai Muljibhai Chauhan, who was working with the respondent-authorities as Unarmed Police Constable. The...

...for the offence punishable under Section 85(1) and 66(1)(b) of the Maharashtra Prohibition Act. The prosecution has examined in all nine witnesses. PW-2 Police Constable Sontakke has stated before the... JMFC, Karanja Ghadge and punished the accused for the offence punishable under Section 66(1)(b) and acquitted for the offence under Section 85(1) of the Maharashtra Prohibition.... 6. Shri Kurekar, learned Counsel for the applicant has submitted that the applicant is wrongly convicted for the offence punishable under Section 66(1)(b) of the Maharashtra Prohibition Act, when he is acquitted for the offence punishable under Section 85(1...

...alcohol the accused was prosecuted for the offences under secs. 85 (1) (3) and 66 (1) (b) of the act. The accused pleaded not guilty and claimed that he was innocent. (3) On the...evidence led before him the learned magistrate while acquitting the accused for the offence under sec. 85 (1) (3) of the act convicted him for the offence under sec. 66 (1) (b) of the act and senteneed...serious infirmities which go to the root of the matter and render the orders of conviction passed against the accused for the offence under sec. 66 (1) (b) not sustainable. The first one is that inspite of...

...Application No. 464 of 1966, petitioner Chhaganji was prosecuted for offences punishable under Sections 85(1)(3) and 66(1)(b) of the Bombay Prohibition act, 1949, which will be...was not found under the influence of drink. He was not found intoxicated. He, therefore, acquitted him of the offence under Section 85(1)(3) of the Act. He further found that the petitioner had consumed liquor without pass or permit. In view of that finding of his, he convicted him of an offence punishable under S. 66(1)(b) of...1966, the petitioner was prosecuted for offences punishable under Sections 85(1)(3) and 66(1)(b) of the Act. The prosecution story was that the petitioner was found drunk in a public place at Kumbhar...

...the petition as well as jail record of the convict. It appears that the son the petitioner-party-in-person has been convicted for the offence punishable under Sections 66(1)(b), 85(1...

...31.8.2004 passed by learned Judicial Magistrate First Class, Kalol, in Criminal Case No.867 of 2000, whereby the respondent came to be acquitted for the offences punishable under Sections 66-1-B, 85-1-3...medical examination was made and after drawing panchnama, offences was registered against the respondent accused for the alleged offences under section 66(1) (b) and 85(1..., the learned Judicial Magistrate by order dated 31.8.2004 committed case to the court of Judicial Magistrate First Class under Sections 66-1-B, 85-1-3 of the Bombay Prohibition Act and the under...

...offences punishable under Section 85 (1) (3) and 66 (1) (b) of the Bombay Prohibition Act (hereinafter referred to as 'the Act'), before the learned Judicial Magistrate. First...the charge under section 85 (1) (3) of the Act. He. therefore, acquitted the accusd for the said offence. He, however, found that the prosecution had succeeded in establishing the guilt of the accused so far as the charge under Section 66(1) (b) of...any intoxicant or hemp, specified in clause (b) of sub section (1) of Section 66, may be tried by a Magistrate having jurisdiction either at the place in which the offence...

...came to be convicted for the offences punishable under Sections 66(1)(b) and 85(1)(3) of the Prohibition Act as well as Section 110 of the Bombay Police Act and sentenced till...- accused was charged with offences punishable under Sections 66(1)(b) and 85(1)(3) of the Prohibition Act as well as Section 110 of the Bombay Police Act. Before the trial Court...

...before the concerned police station vide III C.R Nos. 131/2010, 127/2011 and 77/2013 for the offences punishable under Sections 66(b), 65(e), 85(1)(3), 66(1)(b) and 66(1)(b), 65(a)(e...ORAL JUDGMENT1. Perused the petition, materials supplied to the detenu, detention order and heard learned advocate Mr. Havewalla for the petitioner and learned A.G.P Ms...Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a “bootlegger” as defined under Section 2(b) of the Act...

...respondent original accused for the offence punishable under Sections 66(1)(B) and Page 1 of 4 85(1) (3) of the...able to prove the case against respondent-original accused beyond reasonable doubt and hence had convicted the respondent-accused for the offence punishable under Sections 66(1)(B) and 85(1) (3) of... ================================================== Appearance: MR. HARDIK MEHTA, APP for the Applicant(s) No. 1 for the Respondent(s) No. 1...

...before the Presidency Magistrate, 4th Court under Sections 66(1)(b) and 85 of the Bombay Prohibition Act 25 of 1949.2. Section 66(1)(b) of the Act provides that...any intoxicant shall on conviction be punished with imprisonment for a term extending to six months and with fine extending to Rs 1000. Section 85(1)(3) provides that whoever in any street or...appellant had purchased a bottle of Javerian Jivan mixture, and (b) that he and his companion had drunk it.7. Section 66(2) provides that where in any trial of an offence...