The State of Maharashtra through P.S.O. Desaiganj vs Avinash Ghanshyam Ghutake Advocate - Shri.M.R.Shende — 173/2025

Case under Maharashtra Prohibition Act Section 65(a),83. Disposed: Contested--ACQUITTED on 12th March 2026.

Case disposed

S.C.C. - Summons/Summary Criminal Case

CNR: MHGA050002522025

Filing Number

228/2025

Filing Date

17-Mar-2025

Registration No

173/2025

Registration Date

17-Mar-2025

Court

Civil and Criminal Court, Desaiganj

Judge

1-Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

Decision Date

12-Mar-2026

Nature of Disposal

Contested--ACQUITTED

Last updated 29-May-2026

FIR Details

FIR Number

467

Police Station

Desaiganj

Year

2024

Acts & Sections

Maharashtra Prohibition Act Section 65(a),83

Petitioner(s)

  1. 1.The State of Maharashtra through P.S.O. Desaiganj

    Adv. APP

Respondent(s)

  1. 1.Avinash Ghanshyam Ghutake Advocate - Shri.M.R.Shende

  2. 2.Nikhil Prabhuji Malgam

    Adv. Shri.M.R.Shende

  3. 3.Mohan Bajirao Pillare

    Adv. Shri.M.R.Shende

Case History

  1. Case disposedDisposed

  2. 12-Mar-2026

    Copy of Judgment

    Case Summary: 173/2025 Court Decision: The First Class Magistrate Court at Desaiganj acquitted all three accused—Avinash Ghanshyam Ghutake, Nikhil Prabhuji Malgam, and Mohan Bajirao Pillare—of charges under Sections 65(A) and 83 of the Maharashtra Prohibition Act. The prosecution failed to establish beyond reasonable doubt that the accused illegally possessed and intended to sell 300 bottles (90ml each) of country liquor recovered on December 21, 2024. Key Reasoning: The court found critical gaps in the prosecution's evidence: the two eyewitnesses (Pranay and Anuj) contradicted police claims about witnessing the seizure and signing the recovery memo; the prosecution did not call the person who transported the seized samples to the chemical laboratory, creating doubt about the continuity of evidence; and no clear chain of custody was established linking the seized samples to the chemical analysis report. Without these essential evidentiary links and credible witness testimony, the prosecution could not prove the guilt of the accused. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 12-Mar-2026

    Disposed

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  4. 05-Mar-2026

    Judgment

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  5. 20-Feb-2026

    Arguments

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  6. 31-Dec-2025

    Arguments

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  7. 19-Nov-2025

    Evidence Part Heard

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  8. 25-Aug-2025

    Order on Exhibit

  9. 25-Aug-2025

    Evidence

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  10. 29-May-2025

    Evidence

    Civil Judge Jr.Dn. J.M.F.C. Desaiganj.

  11. 17-Mar-2025

    First hearing

    Initial hearing scheduled

  12. 17-Mar-2025

    Case filed

    Registration No. 173/2025

casestatus.in Summary

Case Summary: 173/2025 Court Decision: The First Class Magistrate Court at Desaiganj acquitted all three accused—Avinash Ghanshyam Ghutake, Nikhil Prabhuji Malgam, and Mohan Bajirao Pillare—of charges under Sections 65(A) and 83 of the Maharashtra Prohibition Act. The prosecution failed to establish beyond reasonable doubt that the accused illegally possessed and intended to sell 300 bottles (90ml each) of country liquor recovered on December 21, 2024. Key Reasoning: The court found critical gaps in the prosecution's evidence: the two eyewitnesses (Pranay and Anuj) contradicted police claims about witnessing the seizure and signing the recovery memo; the prosecution did not call the person who transported the seized samples to the chemical laboratory, creating doubt about the continuity of evidence; and no clear chain of custody was established linking the seized samples to the chemical analysis report. Without these essential evidentiary links and credible witness testimony, the prosecution could not prove the guilt of the accused. This case analysis is maintained by casestatus.in based on publicly available court records.

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