MANUBHAI SITARAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under the provisions of Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) praying to quash and set aside the FIR being III-C.R.No.21 of 2017 registered with Chanasma Police Station for the offences punishable under Ss. 66(b) and 65(e) of the Gujarat Prohibition Act.

(2.) The brief facts leading to filing of this application are such that the applicant is an agriculturist and sells agricultural produce grown by him and he is the co-owner of shop no.8 and 14-A in City Plaza, Chanasma and therefore is a Rajavi sports club on the upper floor with which the applicant is not connected. It is submitted that the applicant uses the shop no.8 for storing and dealing with his agricultural produce and uses Shop no.14A as office. It is submitted that the officers of Chanasma police station conducted raid operations in the club premises on 24/2/2017, however, as nothing incriminating was found, but with an intention to lodge a prosecution anyhow, they broke open the locks of shop no.8 of the applicant, took away the cash kept in the said shop, also showed a 375 ml bottle containing 125 ml liquor as recovery from shop no.14-A and tried to aggravate the offence of gambling against the office bearers of the club, by showing the possession of liquor without any permit. It is this complaint which is filed for possessing liquor without any permit, is sought to be quashed in this application.

(3.) Heard learned advocate Mr.Tejas Barot for the applicant, learned APP Mr.Jayswal for the respondents.