HIRA CHIBA VALOB Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondents No.1.

(2.) This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the complaint being FIR No.11200038210700 of 2021 registered with Pardi Police Station, Dist.: Valsad for offfences punishable under sections 65(a), 65(e), 81 and 98(2) of the Prohibition Act and Sections 465, 468, 471 and 114 of IPC and the proceedings initiated pursuant thereto.

(3.) Mr. Dhruvin U.Mehta, learned advocate for the petitioner submitted that, the petitioner is aged about 61 years and he is having wine shop named as 'Lovely Wine Shop' in Daman. Mr. Mehta, learned advocate, referred to the item ledger (day wise) from the department of Excise, U.T. Administration of Dadra And Nagar Haveli And Daman And Diu, which is on record from 01.02.2021 till the month of March, to submit that the batch number, as referred into the FIR is not allotted to the petitioner. The online records regarding the supply of liquor has to be maintained on daily basis and referring to the item ledger, Mr. Mehta submits that the petitioner is licencee of the 'Lovely Wine Shop'. He states that the batch number, as stated in the FIR, does not match with the item ledger.