BANWARI SINGH GURJAR Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition filed under Section 482 of Cr.P.C, the petitioner has prayed for quashing of the First Information report as Crime No.268 of 2013 against the petitioner under Section 34(1) (2) and 47 (A) of the Excise Act and also for quashing of the charge -sheet as well as criminal proceedings initiated on the aforesaid crime number. Copy of the FIR has been filed along with the petition which is annexure P/1.

(2.) IT is a case of the petitioner that on the basis of some information during patrolling, the police has recovered country made liquor from the possession of the other co -accused namely Shailendra Singh and Ravindra Singh. Since the aforesaid liquor was recovered from the possession of other co -accused the case was registered against other co -accused except the petitioner at Crime No.268 of 2013 under section 34 (1) (2) of the Excise Act. On the basis of the statement made by one of - the co -accused under section 27 of the Evidence Act, the present petitioner was also made one of the accused of the case.

(3.) IT is submitted that except the confessional statement of co -accused, there is no evidence available on record against the petitioner so as to implicate him in this case. It is also submitted that the petitioner has nothing to do with the seized liquor or with the vehicle from which, the liquor was seized.