NAWAB Vs. STATE OF M.P.

JUDGEMENT

(1.) These are the first applications of the petitioners under section 439 of Cr.P.C. in crime No. 660 and 668/2019 registered under section 34(1)(a) and 34(2) of the M.P. Excise Act, 1915 at the Office of the Excise Circle, Badnawar District Dhar.

(2.) Regard being had to the similitude of the facts involved in both these petitions, they are heard analogously and are being decided by this common order. For the convenience, facts are borrowed from the petition number 52714/2019.

(3.) According to the prosecution case, on 08.10.2019, Divisional Excise Flying Squad, Division Indore and Dhar received information regarding illegal transportation of India Made Foreign Liquor (IMFL). Acting on this information, a team comprising officials of the Excise department reached on the place pointed out by the informer and barricaded the road at Pitgara Tiraha (trijunction), Badnawar. After waiting for some time, they noticed a truck bearing the same registered number PB- 11-CR-8293 as informed by the informer. They got the truck stopped. Driver, Helper and one other person sitting in the cabin of the truck revealed their names as Jagdish, Harnek and Sushil (petitioners). They further revealed that they were carrying IMFL and going to deliver it in Gujarat through Petlawad, Distt. Jhabua, M.P. On search, 1000 boxes containing 48 quarter bottles of 180 ml each total 48,000 quarter bottles containing 8640 bulk litres IMFL (whiskys) were found in the truck. The bottles were having label of 'Chandigarh Choice Pure Green Whiskey'. On test, the content of the bottles was found liquor. The petitioners could not produce any pass or permit, therefore, they all were taken into custody and the liquor was seized. A case bearing crime No.668/2019 under Section 34(1)(a) and 34(2) MP Excise Act, 1915 was registered.