DAYAL MARUMAL BHOJWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these applications filed under Sec. 482 of Crimial P.C. the applicants have challenged the order dated 26.11.1999, whereby the learned Chief Judicial Magistrate, Thane, rejected the applications for discharge filed under Sec. 239 of Crimial P.C. in C.C.No.3248 of 1998.

(2.) The applicant in Cri. Application No.1378 of 2001 is the accused no.14, whereas the applicant in Cri. Application No.1379 of 2001 is accused no.12 in C.C.No. 3248 of 1998, filed under Sec. 66(1)(b), 65, 81, 83, 98 and 108 of the Bombay Prohibition Act. These applicants had sought discharge on the ground that they had purchased imported liquor upon making payment by cheque under valid bill and transport pass. The applicant further stated that the first purchaser who had transported the liquor from the State of Goa to the State of Maharashtra, was liable to pay the excise duty, and that they being the subsequent purchasers, who had only transported the liquor within the State, were not liable to pay any duty or tax. The applicants further claim that they had followed the procedure meticulously and that there is no prima facie material against them for the alleged offences.

(3.) The learned Judge, after considering the grounds raised by the applicants- (A-14 and A-12 respectively) dismissed the applications for discharge on the ground that the excise department had seized a huge contraband from the godown of R.T.Traders, Bhiwandi. The learned Judge further held that the said contraband was imported without paying the excise duty and thereafter in connivance with A15, a serving ex-officer the said contraband was transported to wholesale dealers and retailers at various places in Maharashtra by using forged transport passes. The learned Judge has held that the applicant-accused being conspirators have passed the goods without paying excise duty. The learned Judge therefore held that there is prima facie material to proceed against the applicants and consequently dismissed the applications for discharge. Being aggrieved by the said orders, the applicants have invoked the jurisdiction of this Court under Sec. 482 of Crimial P.C.