NATUBHAI RAMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Jhaveri, Ld. APP waives service of rule for the respondent State.

(2.) This revision application is arising from the proceedings initiated by the investigating agency being LCB Branch of Palanpur Police pursuant to FIR registered with Chhapi Police Station as Prohibition C.R. No. 5019/2013. On that day, the complainant Ranjitsinh, A.S.I of LCB Branch, Palanpur, has lodged complaint for the offences punishable under sections 66[b], 65[a][e], 116[2], 81, 83, 98 and 99 of the Prohibition Act against four persons, namely [1] Balvantsinh, [2] Suresh alias Rajubhai, [3] Rameshbhai Marvadi and [4] Dilip Marvadi. Therefore, it is pertinent to note that name of the present petitioner Natubhai Ramabhai Patel is not disclosed in the FIR.

(3.) The sum and substance of the complaint is to the effect that on secret information that one Viraji Umedji Solanki is keeping stock of prohibited liquor in his field and selling it to bootleggers from such field in the vehicles, investigating agency has decided to raid the place and after arranging raiding party with two Panchas, they had been to the Sim of Dharevada village and when they reached to the agricultural field of Viraji Umedji, they found Isher truck and other vehicles, but when they reached to the place, 8 to 10 persons ran away, out of which two persons were struck with an iron fencing, who were taken in custody and rest of them were able to escape. Thereafter, on inspecting the place, the raiding party had found huge quantity of prohibited liquor in boxes and two persons who were caught while running being accused nos. 1 and 2, failed to explain as to how they are in custody of such liquor without licence and permit. During such inquiry and investigation, it is stated in the complaint that, accused nos. 1 and 2 have disclosed the name of Rameshbhai and Dilipbhai Marvadi of Rajasthan with a statement that they are selling the liquor from such place. Details of seized liquor were listed in the FIR minutely confirming that in-all there are 955 cartoons of liquor estimating its cost at Rs.36,47,100/-. From the place, three 4 wheelers and one 2 wheelers were also found with two mobiles.