Bombay HC sets aside man’s jail term for possessing two 180ml liquor bottles

“In my considered view the punishment is extremely harsh,” said justice Deo while releasing him on two years probation

The Nagpur bench of the Bombay high court has struck down the three-year jail term handed down to a Chandrapur resident by a judicial magistrate after he was found to possess two 180ml liquor bottles in breach of prohibition orders.

Bombay high court. (HT Archive)

The single judge bench of justice Rohit Deo did not find any reason to interfere with the finding of the fact that the convict - Kamlesh Thombre - did possess the liquor bottles, but found that the punishment handed down to the 45-year-old paan shop owner was grossly disproportionate.

“In my considered view the punishment is extremely harsh,” said justice Deo while releasing him on two years probation on furnishing a bond of good behaviour. The 45-year-old will remain under observation of a probation officer for this period.

In 2015, Thombre was arrested by local police for the alleged possession of two 180ml liquor bottles in Chandrapur. The then government in Maharashtra had imposed complete liquor ban in Chandrapur district from April 1, 2015. The prohibition came to an end on May 28, 2021.

On May 10, 2018, a judicial magistrate first class accepted the prosecution case in toto and sentenced Thombre to three years’ imprisonment and also imposed fine of ₹25,000 for flouting the ban.

He had appealed in the sessions court, which upheld the magisterial order and on August 29, 2019, dismissed his appeal. The paan shop owner then approached the high court.

The high court set him free after noting that it did not appear that “the applicant was involved in illegal trade of liquor.”

“The liquor, which the applicant possessed, is more likely to be for personal consumption than for sale,” the high court concluded, and released him on two years probation.