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2017 (4) TMI 828 - HC - Indian LawsF.I.R. - offence punishable under Sections 66(1)(b), 65(A)(E), 116(B) and 81 of the Bombay Prohibition Act - Held that:- Considerable emphasis has been laid upon the fact that the acts and omissions, which amount to a criminal offence under the Bombay Prohibition Act, have not been incorporated into the body of the Indian Penal Code as separate or distinct offence. It would have made the Indian Penal Code extremely cumbrous, if the offences under the various special and local Acts were included as separate offences under the Indian Penal Code and punishments separately provided for them in the said Code. To avoid repetition, the provisions have been made in the Indian Penal Code with reference to the offences generally and distinct punishment has been provided for them in Sections 109 to 117 of the Indian Penal Code. Where abetments of offences, under the special or local Act, satisfy the conditions of Sections 109 to 117, all the ingredients constituting an offence are complete, and there does not appear to be any reason why a person against whom all the ingredients of these offences are present should not be prosecuted under those sections. The applicants herein could be said to have abetted the commission of the offences punishable under the Bombay Prohibition Act. Section 107 of the I.P.C. explains what amounts to abetment. Abetment can be by way of instigation, it can be by way of aiding any act or illegal omission and it can be in the form of a conspiracy. To put it in other words, Clause secondly of Section 107 of the I.P.C. provides that a person abets the doing of a thing, if he engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing. This litigation has been contested by the State tooth and nail and why not. The reason is obvious. One may not find an open bar on a public street, but the number of cases, as on date, pending in the different Courts in the State of Gujarat, bears eloquent testimony to the fact that either the policy is not effective or something is wrong with the implementation of the law. Out of 3,99,221 criminal cases pending as on 28th February 2017 in the State of Gujarat, 55,645 cases are under the Bombay Prohibition Act. It is high time that the Central Government should consider denotifying Daman as a part of the Union Territory and make it a part of the State of Gujarat so as to make the Prohibition Act applicable, which may have its own effect, and more particularly, after the recent amendment in the Act, providing more stringent provisions. It is for the Central Government to consider this issue at the earliest before it is too late in the day. With the above, all the applications fail and are hereby rejected. Notice, if any, stands discharged. The adinterim order, if any, stands vacated forthwith. It is needless to clarify that ultimately, at the end of the investigation, if chargesheet is filed against any of the applicants herein and there is no legal evidence to connect any of the applicants with the alleged offence, except the statements of the coaccused, then it shall be open for the applicants to challenge the chargesheet before the appropriate forum in accordance with law.
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