ABHINAV JINDAL Vs. STATE

JUDGEMENT

(1.) Vide the instant petition, the petitioner has sought to set aside the Order on Charge dated 30.05.2011 passed by learned ACMM, Rohini, New Delhi whereby the ld. ACMM has directed framing of Charge under Sections 420/468/471 of the Indian Penal Code, 1860 against the petitioner and Charge dated 30.05.2011 framed by ld. ACMM, Rohini, New Delhi in case FIR No. 375/05 under Section 420 of the IPC and under Section 61/1/14 of the Excise Act registered at PS Shalimar Bagh titled State v. Abhinav Jindal and proceedings emanating therefrom.

(2.) The facts of the instant case, in brief, are that the petitioner is the Proprietor of a liquor vend named Abhinav Jindal Wine Shop (hereinafter referred to as "the Vend") situated at 2, 3, 4 and 5, Arcade Place, CSC, BN Block, Shalimar Bagh, Delhi and is the holder of Licence in Form L-52 for the retail sale of various brands of Indian Made Foreign Liquor /Beer as approved or registered by the statutory authority in the National Capital Territory of Delhi.

(3.) It is alleged that on 05.05.2005 Sub Inspector Kuldeep Singh of the Excise Intelligence Branch, Delhi (hereinafter referred to as the Sub Inspector) along with staff reached the Vend and found that Bagpiper whisky was being sold at the Vend and the caps of the bottles containing Bagpiper whisky bear the stamp "Associated Distilleries Limited Hisar Haryana Excise". The Sub Inspector inspected the Vend completely and seized 2.03 Q, 4.16 P and 6.26 N of Bagpiper Whisky in the presence of the petitioner, accordingly seized through seizure memo.