Madhya Pradesh High Court
Preeti Jaiswal Through Authorised ... vs The State Of Madhya Pradesh on 5 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:6012
1 MCRC-7013-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 5 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 7013 of 2026
PREETI JAISWAL THROUGH AUTHORISED PERSON HITESH
CHOUHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Govind Rai Purohit - Advocate for the petitioner.
Shri Hemant Sharma-GA appearing on behalf of Advocate General[r-
1].
ORDER
1 ] This petition under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)/ section 482 of Cr.P.C for quashment of the impugned order dated 05/02/2026 passed in CRR/03/2026 by the Ist ASJ, Dhar whereby, the criminal revision, has been dismissed affirming the order dated 20/01/2026, passed by JMFC, Dhar in crime number No.05/2026 registered at Police Station Sadalpur, whereby, the application under section 451 and 457 of CRPC for releasing the seized liquor on Supurdgi, has been rejected by the JMFC, Dhar.
2] The case of the petitioner is that she is legally engaged in the liquor business, and pursuant to which on 05/01/2026, she purchased 1525 Boxes of foreign liquor worth Rs.1,66,32,720/- from the Government Foreign Liquor Warehouse, Nemawar Road, Indore (MP.), and the duty of Rs. 94,17,292/- on the purchased liquor has also been paid by the petitioner to the state government.
Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 3/9/2026 12:14:29 PMNEUTRAL CITATION NO. 2026:MPHC-IND:6012 2 MCRC-7013-2026 After the purchase of the aforesaid liquor, the petitioner had hired one Sunny for the transport of the aforesaid liquor from Govt. Foreign Liquor Warehouse, Asrawad Bujurg, Nemawar Road, Indore to the MR-9 Wine shop in the vehicles bearing numbers MP/09/AM/1571 & MP/41/GA/1571, and also obtained a valid permit to transport the same through the aforesaid vehicles. As per the permit, the vehicle had left Govt. FLW, Nemawar Road on 05/01/2026 at 01:59 PM, and the permit was valid up to 04:29 PM of 05/01/2026; therefore, the vehicle was supposed to reach the destination, i.e., the shop at MR 9, by 04:29 PM.
However, when the vehicle did not arrive at its destination within the aforesaid time, the petitioner diligently informed the Assistant Excise Commissioner, Indore, at 05:00 PM regarding the missing of the aforesaid vehices with liquor, and on the next date, i.e, on 06/01/2026, the petitioner came to know that the vehicles in which the liquor with permit was being transported from Govt. FLW to MR 9 Indore, was seized by the police, and an FIR bearing crime number 05/2026 has also been registered at Police Station Sadalpur, District Dhar, against the drivers Kunwarsingh and Jitendra for the offence under section 34(2) of the MP Excise Act, 1915.
3] Learned Counsel for the petitioner has submitted that for the release of the aforesaid liquor which was purchased under valid licence, an application was filed before the trial Court but the same has been rejected vide its order dated 20/1/2026, and its revision before the District Revisional Court, has also been rejected by the impugned orders dated 5/2/2026, holding that the investigation is still pending regarding the involvement of the present petitioner in the case.
4] Counsel for the petitioner has submitted that the charge sheet has already been filed and admittedly, the petitioner is not an accused. It is submitted that the petitioner's licence is to expire on 31.3.2026, and if the foreign liquor Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 3/9/2026 12:14:29 PM NEUTRAL CITATION NO. 2026:MPHC-IND:6012 3 MCRC-7013-2026 which is worth Rs.1,66,32,720/- is not released to the petitioner on which the excise duty of Rs. 94,17,292/- has also been paid by the petitioner, a great financial injury would be caused to the petitioner and thus, it is submitted that the application ought to have been allowed.
5] Learned counsel for the petitioner has further submitted that the police has not made the applicant an accused as there is nothing on record to connect her with the offence, and on the contrary, the petitioner herself had made a complaint to the Assistant Excise Commissioner, Indore on 5.1.2026 at 05:00 PM that the aforesaid vehicles have not reached at her shop and the mobile phones of the drivers of the respective vehicles were also switched off and it was also requested that appropriate action be taken in this regard.
6] Counsel for the petitioner has also placed reliance on a decision rendered by this Court in the case of Ice Cold Traders Pvt. Ltd through Poa Holder Abhishek Kumar Sharma Vs. State of M.P vide order 26.3.2025 passed in MCRC.No.10762/2025.
7] On the other hand, learned Counsel for the respondent/State has opposed the prayer, and it is submitted that, looking to the huge quantity of liquor seized which was being surreptitiously transported to some other place, other than its destination, no case for interference is made out. However, it is not denied that the petitioner is not an accused till date.
8] Heard. Having considered the rival submissions and on perusal of the case diary as also the documents filed on record, it is found that the FIR in the present case was lodged on 6.1.2026 at 1.03 AM, whereas the vehicles are said to have been seized at 8.31 hours on 5.1.2026. Whereas, the complaint regarding the missing of the aforesaid vehicles was already made by the petitioner to the Assistant Excise Commissioner, Indore at 05:00 PM, which has not been disputed Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 3/9/2026 12:14:29 PM NEUTRAL CITATION NO. 2026:MPHC-IND:6012 4 MCRC-7013-2026 by counsel for the respondent/State on 5.1.2026.
9] In such circumstances, when the petitioner herself is not an accused, and the vehicle in which the liquor was purchased by her were found to be taken by the driver to some other place other than its destination without the connivance of the petitioner, she cannot be held liable for the same, and in such circumstances if the liquor is not allowed to be released to her, a serious prejudice would cause to her having serious financial and other consequences to her.
10] In such circumstances, this Court is inclined to allow the present application, and accordingly, impugned order dated 05/02/2026 passed by Ist ASJ, Dhar in CRR/03/2026 and order dated 20/01/2026 passed by learned JMFC, District Dhar are hereby set aside, and the learned judge of the trial Court is directed to release the liquor to the petitioner subject to her furnishing adequate surety to the satisfaction of the Trial Court.
11] It is made clear that this court has not reflected upon the investigation, which is still kept open by the prosecution, and this order shall not come in the way of the investigating officer to proceed against the petitioner or any other person.
12] Accordingly, the petition stands allowed and disposed of with the observations as aforesaid.
(SUBODH ABHYANKAR) JUDGE das Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 3/9/2026 12:14:29 PM