Government of Gujarat vs GULMAMAD @ GULI GULMAMAD HALEPAUTRA — 101/2024

Judegement

Case Summary: 101/2024 Court Decision: The court acquitted all three defendants (Gulmamad @ Guli, Habib Kasam, and Ram Devarajbhai Gadhavi) of charges under the Prohibition Act and IPC sections 65(A)(I), 116(B), 81, and 98(2). The prosecution failed to prove its case beyond reasonable doubt due to insufficient independent corroborating evidence from the panchas (neutral witnesses) regarding actual seizure of prohibited foreign liquor worth Rs. 27,900 from the defendants' premises. Key Reasoning: The court found critical procedural defects: the panchas merely attested documents without providing independent testimony about how materials were discovered; the investigation officer improperly recorded the panchnama; independent witnesses were absent; and the defendants' actual possession of contraband was not conclusively established. Citing Supreme Court precedent (*Yakub Abdul Razak Memon vs. State of Maharashtra*), the judge held that panchnama proceedings recorded in violation of CrPC Section 162 lack legal validity when witnesses act as mere attestors rather than providing substantive testimony. This case analysis is maintained by casestatus.in based on publicly available court records.

Disposed

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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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Warrant Of Arrest

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Warrant Of Arrest

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Warrant Of Arrest

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Evidence Of Prosecution

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Evidence Of Prosecution

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Summons - Notice

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First hearing

Initial hearing scheduled

Case filed

Registration No. 101/2024