1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5511 OF 2009 In CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra : Applicant V/s. Vilas Ramchandra Hunnare : Respondent .... Mr.A.S.Shitole, Addl. Public Prosecutor for the State. ... CORAM : B.R. GAVAI, J. DATE : FEBRUARY 16, 2010. P.C.: The applicant takes exception to the order dated 27.8.2009 passed by the learned Sessions Judge, Sindhudurg-Oros, thereby allowing the appeal filed by the respondent and setting aside the order of conviction and sentence recorded by the leaned Magistrate. 2. The respondent was arrested for possessing bottles of country liquor without possessing necessary permission. The learned trial Court convicted the accused. Being aggrieved therefrom, an appeal was preferred. The appeal was allowed. Hence, the present appeal. 2 3. The learned appellate Court found that the evidence of P.W.1 who acted as a panch was contrary to the evidence of P.W.2 Excise Constable. The learned appellate Court also found that the evidence of other witness was also of such a nature which could not be said to be trustworthy. It was further found that samples of the liquor seized and C.A. report were not placed on record. 4. In the totality of the circumstances, the learned appellate Court found that the prosecution had failed to prove the case beyond reasonable doubt. No perversity is found in the order of the learned Sessions Judge. Hence, the Criminal Application for leave to appeal is rejected. B. R. GAVAI, J.