KANTILAL MANGILAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition seeking relief under article 227 of the Constitution of India read with Section 482, Criminal procedure Code. The desire of the State to make the Police of Prohibition effective in the interest of the people particularly in Adivasi area doubtless is laudable and ought not to be allowed to be frustrated unless any action purportedly taken in that direction appears ex-fade illegal and violative of freedom to carry on trade. Present case is an instance of such illegal action on the part of the respondent.

(2.) ON the basis of a complaint treated as F. I. R. offences were registered vide C. R. No. 105/92 by the Flying Squad of the State Excise department, Kokan Division, Thane against one Jitendra Purshottam Bari under Sections 66 (1) and 65 (c) (d) (f) of the Bombay Prohibition Act 1949. According to that report on information that illegal sale of country liquor, jaggery and navsagar is taking place on a large scale at Tokepada and gholwad in Taluka Dahanu, Dist. Thane, the raiding party of the Excise department along with panchas raided the hut of the said accused Jitendra purshottam Bari on 21-9-1992 and seized distillation still and material used for illicit distillation. The said Jitendra Bari was arrested. During the investigation the said accused disclosed that the jaggery and navsagar seized from his hut was purchased by him from Ramchandra Kalyan Machi a Kirana Merchant of Tokepada-Gholvad Road. A panchanama made on 22-9-1992 shows that stocks of black jaggery and navsagar was seized from the shop of the said Ramchandra Kalyan Machi.

(3.) ON 22-9-1992 itself a quantity of 40 tonnes and 8 quintals valued at Rs. 2,00,450 was seized under a panchanama from the godowns of the present petitioner Kantilal Mangilal Shah. Likewise on 21-10-1992 under another panchanama a bulk of black jaggery belonging to the petitioner was seized from railway godown at Gholvad Railway Station The quantity of that material is stated to be 422 quintals (42,200 kilograms) valued at rs. 84,400. The aforesaid material has been purportedly seized in connection with C. R. No. 105 of 1992 mentioned above. The panchanamas of the seizure of the above material are part of the charge-sheet submitted against Jitendra Bari stated to be filed on 6-8-1993 in the Court of J. M. F. C. Dahanu. On the basis of seizure of black jaggery from the petitioner he has been mentioned as Accused No. 3 in the charge-sheet and it is alleged that he has committed offences under Sections 65 (f) and 81-83 of the bombay Prohibition Act, It is mentioned that Accused No. 1 Jitendra bari has committed offence under Sections 65 (c) and 66 (1) (b) of the prohibition Act.