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

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.