DEEPAK PATIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed under Sec. 482 of Cr.P.C. for quashing the First Information Report (FIR) registered at Crime No.86 of 2020, under Ss. 34(2) of M.P. Excise Act, 1915 at Police Station Hatod, District Indore as also the subsequent proceedings.

(3.) In brief, the facts of the case are that the petitioner happens to be the co-accused in the aforesaid case wherein it is alleged that on 07/04/2020, other three co-accused persons namely Jaygiri, Pankaj and Sunit @ Luccky were apprehended on a black Activa scooter and from their possession, 125 bulk litters of unauthorized liquor was seized. In their memos prepared under Sec. 27 of the Evidence Act, the said accused persons named the present petitioner as the person from whom they had procured the liquor and thus, the present petitioner was also arrested and is being tried in the aforesaid case.