P N DEWAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of the above captioned petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioners seek to set aside the impugned order dated 24th January, 2015 passed by the learned Additional Sessions Judge, Tis Hazari Courts, New Delhi whereby the revision petition against the orders dated 2nd April, 2008 and charge dated 19th April, 2008 were dismissed and to quash all the proceedings emanating from FIR No. 493 of 1995 under Sections 420/199/200 IPC registered at I.P. Estate, Delhi.

(2.) The brief facts stated are that, the District Excise Officer, Delhi, made a complaint to SHO of Police Station I.P. Estate on 5 th December, 1995 alleging that M/s. Devans Modern Breweries Ltd. Bohri, Talab Tillu, Jammu, Attorney of the firm, Chartered Accountant had applied for grant of L-1 License in the National Capital Territory of Delhi in respect of three brands of beer namely Godfather, Rocky Lager, Gold Ribon Lager and two brands of Indian Made Foreign Liquor (hereinafter referred to as IMFL) namely Double Horse Malted Whiskey and Kashmir XXX Rum through its attorney. Along with their application for L-1 License, the Managing Director- Mr. P.N. Dewan had furnished a declaration of Distillery/Brewery/Winery and affidavit to the office of Excise Commissioner, Delhi, thereby declaring the sale figures of the following IMFL brands for the year 1992-93 and 1993-94 as under: <FRM>JUDGEMENT_379_LAWS(DLH)12_2017_1.html</FRM>

(3.) In the complaint it was further stated that for grant/renewal of L-1 License in Delhi, it was mandatory that the brewery has sale of more than 60,000 cases of whiskey and 25,000 cases of rum for the preceding two years throughout India excluding Delhi. On the basis of affidavits/documents dated 26th May, 1994, 31st May, 1994 and 24th June, 1994 filed by accused persons, L-1 License was granted by the Commissioner of Excise.