BHOJABHAI JESHABHAI KODIYATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the applicant has prayed to quash and set aside the complaint being C.R. No.III-594 OF 2019 registered with Khambhalia Police Station, Devbhoomi Dwarka, for the offences punishable under Ss. 65(E), 81, 83 and 98(2) of the Prohibition Act and to quash all other consequential proceedings arising therefrom.

(2.) Heard learned advocates for the respective parties.

(3.) Learned advocate for the applicant has submitted that the present applicant is falsely enroped in the offence on the basis of statement of co-accused. It is submitted that no legal evidence or the material is collected by the concerned Investigating Officer. It is alleged that at the instance of respondent No.2, the complaint was filed and as the Police Officer has received information from the informer that a truck loaded with liquor is coming from the Rajasthan and after receiving the said information, the said truck was intercepted by the police and suspect was called by the police. It is further submitted after searching the said Truck, country made liquor was found and in this regard, complaint was lodged, and on the basis of statement, the present applicant has arraigned as an accused No.7. It is alleged that present applicant was purchaser of the said muddamal except this no allegation is levelled against him. Therefore, to continue with such proceeding is nothing but an abuse of process of law. In view of above, learned advocate for the applicant has requested to allow the present application.