Advocates:
['CHATTERJI JOYDEEP', 'COPY SERVED TO PP', '', 'PP', 'R NO SERVED']

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1

APPLN2889.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 2889 OF 2014

Satish Bhalchandra Wani

..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents

…...........

Mr Chatterji, Advocate for the applicant

Mrs Diggikar, APP for respondent/State

…...........

CORAM : A.V.NIRGUDE &

V.L. ACHLIYA, JJ.

DATED :

22.07.2016.

PER COURT :

1.

The applicant is accused No. 3 in Crime No. 346 of 2013

registered on 01.12.2013 at Shirpur Police Station, Dist. Dhule for

offence punishable under Section 65(f) of the Bombay Prohibition Act

and under Section 328 of the Indian Penal Code. It is alleged that, the

applicant and others were involved in trade of illicit liquor. All three of

them were caught possessing illicit liquor. The question in this case is;

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APPLN2889.2014

whether the allegations levelled against the applicant would attract

provision of Section 328 of the Indian Penal Code. The answer is in

negative. Section 328 of the Indian Penal Code reads as under:

328. Causing hurt by means of poison, etc., with intent

to commit an offence.—Whoever administers to or

causes to b