RANJIT SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner being aggrieved by the order dtd. 3/6/2022 (ANNEXURE A-1), passed by the learned Sessions Judge, Kawardha, District Kabirdham (C.G.) in Criminal Revision No.06/2022, arising out of the order passed by the learned Excise Commissioner, Chhattisgarh, Raipur in an Appeal Case No. R.E.C/-20/2020-21 vide order dtd. 24/7/2021 (wrongly mentioned as 2/12/2019 in the impugned order) filed by the applicant under Sec. 47-B of Chhattisgarh Excise Act, 1915 against the order dtd. 28/1/2021 passed by the learned Collector, Kabirdham, District Kabirdham (C.G.) in Case No. B-121 Year 2019-20, the present petitioner prefers instant application under Sec. 482 of Cr.P.C. on the following facts and grounds:

(2.) The case of the prosecution in brief is that on 19/4/2020, the Excise Sub-Inspector received secret information in Excise Circle Kawardha, District Kabirdham (C.G.) that a truck bearing registration No. PB-65- AV-1121 is standing in front of a Dhaba in village Harinchhapra and his driver is selling Goa Whisky. On that basis, the Excise Sub-Inspector alongwith staff reached the spot after some formalities and a home guard was sent with a hundred rupees note to the vehicle for purchasing a quarter of Goa spirit smoothness whisky and just after the same purchasing the Excise Sub-Inspector alongwith staff took the accused Nasib Singh in custody and from his possession total 6907.14 bulk liter of Goa spirit smoothness whisky kept in 800 cartons. A notice under Sec. 91 was given to the accused regarding permission of transporting the liquor which was given to the Excise Sub-Inspector which was seized by him and as per the documents the permit for export of foreign liquor was issued by Madhya Pradesh Excise permitting the Great Galleon Ventures Limited, Sejwaya, Dhar holder of license to export foreign liquor from his licensed premises at Sejwaya to the Ware House situated at M/s. North East Liquors, Bhalukpong, District West Kameng (Arunanchal Pradesh) and the license was valid from 19/3/2020 to 6/4/2020. The Excise Sub-Inspector due to expiry of the permit and illegal selling of the Goa Whisky by the present applicant arrested and offence under Sec. 34(1)(a)(b), 34(2) & 59-A of Chhattisgarh Excise Act was registered against the accused Nasib Singh.

(3.) The charge-sheet has been filed against the co-accused in which it is requested for permission to submit supplementary charge-sheet against other co-accused persons involved in the crime in question.