Government of Gujarat vs HAMIRBHAI LAKHUBHAI MOVANIYA Advocate - P C MAKWANA — 532/2024

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Case Summary: 532/2024 Court Decision: The defendant, Hamirbhai Lakhubbai Movaniya, was acquitted of charges under the Prohibition Act sections 65E, 116(B), and 81. The court found the prosecution failed to prove beyond reasonable doubt that contraband alcohol recovered from the defendant's premises was in his knowing possession or control. Key Reasoning: While police witnesses testified about the seizure of 54 bottles of English whiskey valued at ₹27,000 during a raid, the independent panchas (witnesses) did not corroborate the prosecution's narrative. Critical evidentiary gaps included: absence of FSL (Forensic Science Laboratory) reports confirming the seized material was prohibited liquor, lack of independent witness testimony, no property documentation proving ownership of the premises, and failure to establish the defendant's conscious possession. The court held that police testimony alone, without independent corroboration, was insufficient to meet the burden of proof in prohibition cases. This case analysis is maintained by casestatus.in based on publicly available court records.

Disposed

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Final Arguments

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Final Arguments

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Further Statement

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Evidence Of Prosecution

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Process To Accused

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Process To Accused

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Process To Accused

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Process To Accused

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Process To Accused

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First hearing

Initial hearing scheduled

Case filed

Registration No. 532/2024