2020 (2) ABR (Cri) 873 ::AIROnline 2020 Bom 912 ::2020 All MR (Cri) 2292 (BOM)

Bombay High Court

Hon'ble Judge(s): Sunil B. Shukre, Madhav J. Jamdar , JJ

Maharashtra Prohibition Act (25 of 1949) , S.65(e), S.68— Opening common drinking house - Opinion formed by complainant on basis of presence of some glasses and some liquor bottles in front of accused persons at the time of raid - Allegations of complainant not corroborated by medical reports - No prima facie offence of consumption of liquor without permit made out against accused persons - Also offence punishable under S. 68 not attracted at all for reason that this offence is about opening keeping or using any place as a common drinking house or about a person having care and control over such common drinking house. (Para 5 6)