VELABHAI KARAMSHIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant seeks quashment of the impugned FIR being CR-III No.493 of 2019 registered with the Dantivada Police Station, District : Banaskantha for the offences punishable under Ss. 65-A , 65-E, 98(2), 99 and 116B of the Prohibition Act as well as subsequent proceedings arising therefrom.

(2.) The brief facts of the prosecution case are that one Dineshkumar Kesharam Vadi, resident of Rajasthan was arrested with the vehicle i.e. pick up vehicle bearing registration No.GJ-05-AT-6439 (wrong number) was arrested with 720 liquor bottles on 7/11/2019. Thereafter, upon inquiry, it is found that the actual registration number of the said vehicle is GJ-08-AU-0132. During investigation, it is found that initial owner of the said vehicle was one Merubhai Vankajibhai Duchakvadia (Thakor). Thereafter, the said vehicle was transferred in the name of Chenaji Samatji Dabhi (Thakor) and thereafter in the name of Velabhai Karamshibhai Parmar. Said Chenaji has sold the said vehicle by another sale deed to Javanji Virchandji Thakor. Thereafter, said Javanji Virchandji Thakor has allegedly sold the said vehicle to one Mohbatsinh Gulabsinh Waghela. Sid Mohbatsinh has denied about the purchase deed. He has stated that forged signature was made in the said deed. It was notarised deed. During investigation, the concerned Notary has accepted that said Mohbatsinh Waghela was not present and that the present applicant has come with seller - Javanji virchandji Thakor and requested the notary for affirmation. Hence, the name of present applicant in the commission of offence.

(3.) Heard learned advocates.