SUNILKUMAR KHIYARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant seeking following reliefs:-

(2.) It is the case of the applicant that FIR being III-C.R.No.23 of 2018 came to be registered under Sections 65E, 98(2) and 81 of the Prohibition Act against one Jitendra @ Lala Sumersingh Jat by the respondent No.2 herein, who happens to be a Police Constable of L.C.B., Surat Rural, Surat. The FIR was lodged as the police authority intercepted a truck bearing registration No.RJ-19-GE-4390, allegedly carrying the product of rice powder along with the bottles of Indian Foreign Made liquor worth Rs.71,26,500/- which was hidden. Pursuant to the FIR, a main accused Jitendra @ Lala Sumersingh Jat was arrested and on the basis of the statement of the said Jitendra, the applicant's name is surfaced, and, therefore, the applicant has preferred the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of aforesaid complaint on the ground that there is no material against the applicant and the applicant is implicated as an accused only on account of the statement of the co-accused.

(3.) Heard learned advocate Mr. Hiren P. Kandera for the applicant and learned APP Mr. Ronak Raval for the respondent-State through video conference.