KESARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Applicant has filed this Application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR being CR No. 11184009200009 of 2020 registered with Sankheda Police Station, District - Chhotaudepur for the offences punishable under Sections 65(A) (E), 116-B, 98(2) and 81 of the Gujarat Prohibition Act and consequential proceedings arising therefrom.

(2.) Heard learned Advocate Mr. Ganeshkumar C. Trivedi for the applicant and learned APP Mr. H. K. Patel for the Respondent - State of Gujarat through video conference.

(3.) The complainant namely Laxmanbhai Mansingbhai, A.S.I, has lodged FIR dated 05.01.2020 inter-alia alleging that complainant along with other police personals were present in the Police Station at that time tip was received by Sankheda Police Station PSO that accident has occurred near Gamdi Bus Stop and the Vehicle involved in the accident has foreign liquor in it, therefore, requested to reach the spot at the earliest. Therefore, complainant along with other police officer reached at the spot of accident and found one Car- Swift Desire having registration No. GJ-06-DB-4212 and Mazic Vehicle having registration No. GJ-06- AZ-8758 met with an accident. It is alleged that in the Swift Dezire car one lady along with one person driver seat were found seated and prohibited foreign liquor worth Rs. 12,500/- was found from the dickey of Swift Dezire Car So, along with the said liquor the Swift Dezire Care worth Rs. 1,50,000/- so total muddamal worth Rs. 1,62,500/- were recovered and seized. It is further alleged that accused no. 1 and accused no. 2 informed that the prohibited muddamal was supplied by present petitioner the same was to be delivered to accused No. 4. and accordingly the FIR came to be registered.