DHARMENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being No.C.R.No.11186008210185 of 2021 registered with Una Police Station, Gir Somnath for the offences under Ss. 65(E), 81, 83, 98(2), 99 of the Prohibition Act and all the consequential proceedings arising therefrom.

(2.) Facts of the case are as under :-

(3.) Learned advocate Mr.Mangukia for the petitioner seeks quashment of FIR on two grounds. Firstly, it is submitted that the petitioner is resident of Union territory of Diu and he has license to sell liquor in Diu. It is argued that since the petitioner was holding license to sell liquour, he cannot be prosecuted under the prohibition act applicable to State of Gujarat. Secondly, it was argued that the petitioner is not found at the spot, where raid was taken place. The petitioner has been arraigned on the ground of statement of co-accused which is inadmissible piece of evidence and therefore, it is submitted that FIR since is baseless and vexatious, be quashed.