MUKESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BASIC challenge in all these Petitions is to raid on or stoppage of vehicles transporting liquor by police personnel functioning under Bombay Police Act (hereinafter referred to as "the Police Act" for short), as it is the commodity regulated by Bombay Prohibition Act, 1949 (hereinafter referred to as "the Prohibition Act" for short). According to petitioners, only Prohibition Officer or the staff of State Excise Department functioning under the Prohibition Act, in terms thereof, can undertake any such exercise. In view of this submission, prayer made in all the writ petitions is to quash and set aside the F.I.R. registered by police authorities. Home Department of State of Maharashtra, Superintendent of Police, concerned Police Station are joined as respondents. Similarly, Commissioner of State Excise is also impleaded as party respondent.

(2.) AS a question of law is placed for consideration, individual facts are not very material and it will be apt to deal with the respective contentions of the learned counsel appearing in the matter.

(3.) SHRI Mardikar, learned Senior Counsel submits that these allegations do not make out any offence under Prohibition Act against the present petitioner/applicant. He also invites attention to the provisions of Section 83 of the Prohibition Act to demonstrate that no case to attract that section has been made out. Our attention has been also invited to Section 2[16], as also 2[20] and Section 2[36] of the Prohibition Act, which defines phrases like "Export", "Import" and "State". Section 147 of the Prohibition Act is also read out to urge that it is not applicable.