Government of Gujarat vs SHERBANU MAAMADBHAI MAKWANA Advocate - N D VADAR — 158/2026

Case Summary: Case 158/2026 Court Decision: The Additional Chief Judicial Magistrate, Vanthli acquitted the defendant Sherbanu Maamadbhai Makwana of charges under the Prohibition Act, Section 60-A, finding that the prosecution failed to prove "conscious possession" of the seized illicit liquor beyond reasonable doubt. The court found critical deficiencies in the investigation procedure, inadequate corroboration from independent panch witnesses, and non-compliance with the Gujarat Prohibition Rules, 2012, rendering the case unproven. Key Reasoning: The court relied on the State v. Yadvendrasing precedent, noting that the investigating agency failed to establish direct possession and that panchas (independent witnesses) did not support the prosecution. Additionally, the entire investigation procedure appeared compromised, and mandatory sealing and sampling procedures were not followed, undermining the evidence's reliability. This case analysis is maintained by casestatus.in based on publicly available court records.