IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3044 OF 2008 CRIMINAL APPLICATION NO. 3044 OF 2008 CRIMINAL APPLICATION NO. 3044 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Ajit Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3045 OF 2008 CRIMINAL APPLICATION NO. 3045 OF 2008 CRIMINAL APPLICATION NO. 3045 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. K.M. (Kanhaiya) Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3046 OF 2008 CRIMINAL APPLICATION NO. 3046 OF 2008 CRIMINAL APPLICATION NO. 3046 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Vinod Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3047 OF 2008 CRIMINAL APPLICATION NO. 3047 OF 2008 CRIMINAL APPLICATION NO. 3047 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Rohan Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3048 OF 2008 CRIMINAL APPLICATION NO. 3048 OF 2008 CRIMINAL APPLICATION NO. 3048 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Jayashri Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3049 OF 2008 CRIMINAL APPLICATION NO. 3049 OF 2008 CRIMINAL APPLICATION NO. 3049 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Umesh Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3050 OF 2008 CRIMINAL APPLICATION NO. 3050 OF 2008 CRIMINAL APPLICATION NO. 3050 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Globe Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3051 OF 2008 CRIMINAL APPLICATION NO. 3051 OF 2008 CRIMINAL APPLICATION NO. 3051 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. Vishal Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3052 OF 2008 CRIMINAL APPLICATION NO. 3052 OF 2008 CRIMINAL APPLICATION NO. 3052 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.United Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3053 OF 2008 CRIMINAL APPLICATION NO. 3053 OF 2008 CRIMINAL APPLICATION NO. 3053 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Vicky Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3054 OF 2008 CRIMINAL APPLICATION NO. 3054 OF 2008 CRIMINAL APPLICATION NO. 3054 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. Hotel Mahalaxmi Bhuvan and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3055 OF 2008 CRIMINAL APPLICATION NO. 3055 OF 2008 CRIMINAL APPLICATION NO. 3055 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Globe Wines and Anr. ...Respondents WITH CRIMINAL APPLICATION NO. 3056 OF 2008 CRIMINAL APPLICATION NO. 3056 OF 2008 CRIMINAL APPLICATION NO. 3056 OF 2008 Pimpri Chinchwad Municipal Corporation ...Applicant vs. M/s.Hotel Sonali and Anr. ...Respondents Appearance in all the matters :- Appearance in all the matters :- Appearance in all the matters :- Mr.D.R. More for the Applicant. Mr.D.P.Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 3, 2008 DATED : OCTOBER 3, 2008 DATED : OCTOBER 3, 2008 - 3 - P.C. :- P.C. :- P.C. :- 1. Heard Shri More, learned Counsel appearing on behalf of the applicant. 2. The applicant by Criminal Application No.3044 of 2008 is challenging the judgment and order passed by the JMFC, Akurdi, Pune, in Summary Case No.23/2008. By the said order dated 5th April, 2008, learned JMFC was pleased to acquit the respondent no.2 of the offence for which he was charged. 3. The case of the prosecution in this application and all the connected applications is that the respondents had a wine shop which was located in their jurisdiction. The respondents procured foreign liquor from the godown which was situated beyond the jurisdiction of the applicant and as such, they are liable to pay octroi duty. It is their case that transport passes were issued to them by the Excise Department. The respondents also maintained a register which indicated that the aforesaid goods were transported from the godown which was situated outside the jurisdiction of Pimpri Chinchwad Municipal Corporation to the shop which was located inside their jurisdiction and therefore, they are liable to pay - 4 - octroi duty. The case of the applicant is that the said goods were clandestinely imported in the Pimpri Chinchwad jurisdiction without payment of octroi. The trial court has decided the said complaint finally on the ground that issue of transport passes does not prove that the goods were actually brought in the Pimpri Chinchwad Municipal jurisdiction. 4. The Counsel for the applicant has invited my attention to Exhibits 14 and 15 which disclose that the said Exhibits signed by the respondent show the date when the goods were imported from the godown to the wine shop of the respondent. It is submitted that the trial court has not taken into consideration these Exhibits. 5. Perused the judgment. It does prima facie appear that this evidence has not been taken into consideration by the learned Magistrate. Hence, prima facie case is made out for grant of leave. 6. Leave is granted. Admit. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)