Nagpur: Relief for the owner of a poor pans kiosk from Chandrapur, who was arrested with bottle of liquor in his pocket while there was a ban in the district, the Nagpur bench of the Bombay High Court canceled a prison sentence and releasing a fine of RS25, 000 while holding that he must be given the opportunity to reform.
Justice Rohit Deo, however, maintained his belief below Section 65 of the Law ban Maharashtra, 1949, was spoken by the Yudicial First Class (JMFC) class judge on May 10, 2018, in a case registered by the Chandrapur Police Station in 2015.
He was Sentenced to suffer a strict prison for three years and imposed the RS25,000 fee, which was later enforced by the Chandrapur session court.
In accordance with HC, it doesn’t seem to be the applicant involved in the trade in illegal liquor.
“Liquor, which he has, is more likely to consume personal rather than sold.
Given that he has no tendency, thus, to enjoy criminal activities, he has the right to the opportunity to reform,” said the judge.
Petitioner Kamlesh Thombre was intercepted by the police on September 9, 2015, in front of his kiosks in Babupeth in Chandrapur where he was found to have two bottles of alien aliors each in his pocket.
After capturing material from it, registered violations, and the submitted cost sheet.
After he was punished by JMFC, he challenged the command in the session court where the sentence was enforced on August 29, 2019.
He then knocked on the HC door through the advice of Mir Nagman Ali praying for relief.
While giving him the benefits of ‘acting offenders’ experiments’, justice Deo directed the applicant to enter into a bond, to live permanently in the territorial jurisdiction of the district trial officer and to submit his telephone number and permanent address to him.
He was told to promise not to engage in criminal activities or unwanted.
“I have read the material on the note.
While I have no reason to disagree with finding the facts recorded simultaneously, in my view which is considered a very hard punishment.
The report of the trial officer concerned is called, where he recommends a grant of the trial period.
The incident took place in 2015.
He has a family to support, including a wife and two children, where elders are a technical student, “said the temporary judge also allowed a plew of Thombre.
What HC said * The Applicant did not appear involved in the trade in illegal liquor * It was more likely to consume personal than for sale * He did not have a tendency to enjoy criminal activities * He has the right to the opportunity to reform * He has a family consisting of wives and two child to support