Leave to file criminal revision application was entertained where the applicant challenged the acquittal of respondent no.1 for refusing to yield his license without lawful excuse under the Mumbai Municipal Corporation Act.
Application dismissed maintaining the acquittal of the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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srp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPL. NO. 227 OF 2011
Municipal Corp. of Greater Mumbai. Versus Nabokumar Golui & Anr.
..Applicant.
..Respondents.
Mr. R. A. Malandkar for the Applicant. Mr. S. C. Daswadikar for R-1. Mr. D. R. More, APP for the State.
Coram : RANJIT MORE, J. Date : December 15, 2011 .
P. C. :
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with trades or processes or operations connected with which the traders shall not carry out without a licence. Respondent no.1 is charged with the offence that he is refining precious metals or recovering them from embroideries, photographic papers films or any other commodity whatsoever. The prosecution in order to bring home guilt of the accused mainly relied upon the evidence of Mr. Janayt Hire, [PW-1] the Lincence Inspector. The evidence of this witness does not give any idea about the refining process, its mechanism and machinery involved, if any. The evidence also does not give any particulars about the raw material with the help of which the respondent no.1 is alleged to have prepared the finished product. The lower Appellate Court after appreciating the evidence on record has rightly found that evidence of this witness is vague, which is not sufficient to prove the guilt of the accused–respondent no.1 herein and accordingly acquitted him. The view taken by the lower appellate Court is a possible view, which need not be disturbed in a revision challenging the acquittal. The revision is without any substance and is, therefore, dismissed.
(RANJIT MORE, J.)
1 issue framed by the court
Whether the evidence of the Licensing Inspector PW-1 which was vague regarding refining process and raw materials was sufficient for conviction.
1 provisions across 1 enactments
Municipal Corp. of Greater Mumbai
Nabokumar Golui
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
