Madhya Pradesh High Court
Gajendra Singh Bhadoria vs The State Of Madhya Pradesh on 10 November, 2016
Author: G.S. Ahluwalia
Bench: G.S. Ahluwalia
1 M.Cr.C. No. 11867 of 2016
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
SINGLE BENCH
PRESENT:
HON'BLE MR. JUSTICE G.S. AHLUWALIA
Misc. Criminal Case No. 11867 OF 2016
Gajendra Singh Bhadoria
-Vs-
State of M.P.
________________________________________________
Shri S.K. Shrivastava, counsel for the applicant.
Shri R.D. Agrawal, Panel Lawyer for the
respondent/State.
________________________________________________
ORDER
(10/11/2016) This petition has been filed under Section 482 of Cr.P.C. for quashing the FIR in Crime No.155/2016 registered by Police Station Daboh, District Bhind for offence punishable under Sections 34, 42 of M.P. Excise Act.
Brief facts of the case are that an information was received from an informer to the effect that one person is illegally selling the liquor at Devri Bus Stand. The investigating officer reached on the spot alongwith the witnesses and after noticing the police party, the said person tried to run away. With the help of the police, he was arrested and on interrogation, he disclosed his name as Lalman S/o Hardayal Ahirwar. When his bag was searched, 30 quarters of country made liquor worth of Rs.1,500/- was found. The said person could not produce any documents in relation to the liquor. The liquor was seized on the spot and the co-accused Lalman was arrested. A memorandum under Section 27 of the Evidence Act was recorded in which he 2 M.Cr.C. No. 11867 of 2016 stated that with the consent of the present applicant, he had purchased the said liquor from the shop on 26.07.2016.
Learned counsel for the applicant submits that a false FIR has been registered against the applicant. No investigation has been made against the applicant. The applicant is having a valid license issued by the Collector Daboh, District Bhind, to sell the country made liquor, the license is from 01.04.2016 to 31.03.2017. The applicant has been implicated on the information of co-accused. The applicant is a valid licensee, hence, no offence has been committed by the applicant as he has not breached any condition of license granted to him. Therefore, the prosecution of the applicant is bad and without any admissible evidence. Hence, prayed that the FIR registered against the applicant be quashed. The learned counsel also relied upon order dated 19.10.2016 passed by coordinate Bench of this Court in M.Cr.C.No.11870/2016. It is further submitted that on similar allegations the FIR has been quashed.
Learned Panel Lawyer after going through the case diary fairly conceded that except the statement of the co- accused recorded under Section 27 of Evidence Act, there is no other admissible evidence available on record against the applicant.
I have considered the submissions of the learned counsel and on perusal of (Annexure P/1) FIR, it appears that co-accused-Lal Man has been apprehended by the police having found in possession of country made liquor and was not having any license. He had disclosed that liquor has been purchased with the consent of applicant from the shop at Daboh District Bhind.
On behalf of the applicant, copy of the license has 3 M.Cr.C. No. 11867 of 2016 been filed which reveals that license has been granted by the Collector District Bhind in favour of the applicant at Daboh for retail sale of country made liquor from 01.04.2016 to 31.03.2017. Considering that applicant is having a valid license he has a right to sell the liquor even if it is assumed that co-accused has purchased the liquor seized from his possession. Prima facie, it cannot be said that the applicant has committed any offence under Sections 32 or 54 of M.P. Excise Act as there is no breach of any condition of the license granted in favour of the applicant. In such circumstances, the prosecution of the applicant certainly amount to a breach of process of law. Hence, it is fit case to exercise the inherent powers of this Court.
Consequently, this petition is allowed. FIR registered at Crime No.155/2016 under Section 34, 42 of M.P. Excise Act at Police Station-Daboh, District-Bhind is hereby quashed.
The petition is disposed of accordingly.
(G.S. AHLUWALIA) Judge (10.11.2016) (ra)