JOGINDERPAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred praying to quash and set aside the order dtd. 28/3/2023 passed by the Chief Judicial Magistrate, Ahmedabad (Rural), dismissing the discharge application filed by the petitioner vide Exhibit-5 in Criminal Case No.368 of 2023 in connection with the offence instituted being FIR No.11192030210498 of 2021 under Sec. 65A, 65(e), 116B, 81, 83 and 98(2) of the Prohibition Act, with Kanbha Police Station, Ahmedabad (Rural).

(2.) It is alleged in the FIR that on secrete information of Indian Made Foreign Liquor (IMFL), brought and stored unlawfully in Rudra Industrial Park, Shed No.G/58 being a godown situated in the sim of Bakrol Bujrang village, a raid was conducted and accused nos.1 to 3 were caught red handed along with the muddamal IMFL to the tune of Rs.72,89,850.00. It is alleged in the FIR that accused nos.1, 2, 3, 9, 10, 11, 12 and 13 in collusion with each other procured IMFL for the purpose of sale; along with the IMFL, a Chevrolet Car and Mini Truck of Ashok Leyland make and mobile phones were also seized.

(3.) Mr. Zubin Bharda, learned advocate for the applicant states that the learned Magistrate has committed a grave error in rejecting the application, Exh. 5 filed by the applicant, as perusing the papers of the investigation filed by the Investigating Officer, there is no iota of evidence or material, which even prima facie connect the applicant with the alleged offence. Mr. Bharda submitted that the entire chargesheet is silent qua the role attributed to the applicant with respect to the supply or procurement of the IMFL or preparation of the false documents.