(1.) Heard. Admit. Heard finally with the consent of learned Counsel for the parties.
(2.) The applicant has filed the present application for quashing and setting aside of the First Information Report vide Crime No. 110/2024, dtd. 26/10/2024, registered with the non-applicant no. 1, for offences punishable under Sec. 65(a)(e), 81, 83, 90 and 98 of the Maharashtra Prohibition Act, 1949.
(3.) The First Information Report in question was lodged by the Inspector State Excise, B Division Nagpur that one Amit Bhagchand Chelani, has stored a stock of foreign scotch / liquor which is for sale in the State of Haryana and is banned in the State of Maharashtra, at the house of the applicant. On the basis of this information while sitting on the side of his house, the accused no. 1 and 2 arrived with the said vehicle and drove the car to transport the goods when the vehicle was being loaded with scotch / liquor, a raid was conducted and recovery of certain amount was made by the Investigating Officer. Furthermore, stock of liquor was also confiscated as per the provisions of Bombay Prohibition Act. The First Information Report in question was lodged against the applicant and the other five persons. It is this First Information Report which is being challenged by the accused no. 3 in the present case application.