DILE RAM Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel for the parties. By means of this petition, moved under section 482 of the Code of Criminal Proce­dure, 1973 (hereinafter referred as Cr.P.C), the petitioner has sought quashing of the proceedings of Criminal Case No. 1906 of 2008; State v. Dile Ram, relating to offence punishable under section 60 / 72 of the U.P. Excise Act, 1910, police station Bajpur / Kashipur, pending in the Court of Addl. Chief Judicial Magistrate, Kashipur.

(2.) LEARNED Counsel for the petitioner submitted that from the challani report submitted by Excise Inspector, on the basis of which aforesaid criminal case is regis­tered, itself shows that there is no allega­tion of commission of any offence by peti­tioner Dile Ram. What has been mentioned in the report dated 16.5.2008, in Form D-22-A (copy of which is Annexure -1 to the pe­tition) by the Excise Inspector, is that some 40 liters of liquor was found being trans­ported in a motorcycle of make Bajaj Dis­cover, bearing Chassis No. DSBMV 80617. From the report it appears that since said vehicle was bearing registration No. UP22F / 8323, when the Excise Inspector verified from the Regional Transport Office, it was found that the motorcycle of said registra­tion number was owned by petitioner Dile Ram S/o Mangali. However, it was further disclosed that the make of the petitioner's motorcycle was Hero Honda Splendor with Chassis No. 06K16C23444. As such, it is clear that someone has used fake regis­tration number in the motorcycle in which the liquor was being transported. Annex­ure -1 (report of Excise Inspector) itself shows that the only request made by him to the Court was that the vehicle in which the liquor was being transported be confis­cated under section 60/72 of the U.P. Ex­cise Act, 1910. It nowhere says that the owner of Hero Honda Splendor with Chas­sis No. 06K16C23444 be prosecuted. As such, this Court agrees with learned Coun­sel for the petitioner that the Magistrate has issued summoning order by registering the case, against the petitioner, without appli­cation of mind. Apart from this, Annexure-3 to the petition shows that the vehicle in which the fake registration No. was used i.e. motorcycle Bajaj Discover with Chassis No. DSBMV 80617 has already been confis­cated by the District Magistrate vide his order dated 19th of March, 2009. Said order further discloses that petitioner himself gave no objection if that vehicle in which illicit liquor was being transported is con­fiscated.