DHAVAL BHARATKUMAR GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

(2.) By way of these applications, the applicants - revisionists challenge the order dtd. 22/1/2021 passed by the learned Judicial Magistrate First Class, Bavla in Criminal Case No.198 of 2020 in the Discharge Application (Exhibit 5) under Sec. 239 of the Code of Criminal Procedure, 1973 which has been filed challenging the registration of First Information Report being III-C.R. No.263 of 2019 registered with Bavla Police Station, Ahmedabad Rural for the offences punishable under Ss. 65E , 66(1)(b) , 68 , 85(1) , 84 and 81 of the Prohibition Act and the charge-sheet. The applicants of Criminal Revision Application No.250 of 2021 are the accused No.8 and 9 respectively and the applicants of Criminal Revision Application No.104 of 2021 are the accused No.7 and 10 respectively.

(3.) Learned Senior Counsel Mr. Yatin Oza appearing for the applicants-revisionists submits that as per the facts of the case, the police on 21/10/2019 got a secret information that all the accused were having a liquor party behind Bungalow No.100, Kings Villa, Bavla Road and the police raided the area where they found live music being played. It is alleged that alcohol was being served and all the accused were making noise on the loud music. The police found behind the Bungalow in open space about 10 persons enjoying liquor party with tables/chairs thus cordoned them and started enquiring about their residents in the presence of panchas.