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1988 Supreme(Bom) 295

H.H.KANTHARIA
Ashok Sadashiv Astikar – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - H.H. KANTHARIA, J.:---The learned Special Judge, Nasik, in Special Case No. 1 of 1981, by his judgment and order dated 1st July, 1981 convicted the appellant accused for an offence punishable under section 161 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer further rigorous imprisonment for three months. The appellant was also convicted for an offence punishable under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer further rigorous imprisonment for three months. Substantive sentences were ordered to run concurrently.

2. It was the prosecution case that complainant Balasaheb Shinde (P.W. 1) was carrying on wholesale business in country liquor at Manmad as one of the partners of M/s P.B. Shinde Company. He was to receive a certain quota of country liquor from Pravara Nagar Sugar Factory, Pravara Nagar, District Ahmednagar, as per the directions of the Superintendent of the Prohibition and Excise, Nasik. However, the appellant






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