RAJVEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioners/accused for quashment of FIR No.0536 dtd. 13/11/2018, registered at police station - Kanadia, District Indore for offences punishable under Ss. 36-A and 36-B of M.P. Excise Act, 1915 and consequent charge sheet dtd. 15/11/2018 bearing case No.RCT/7368/2018 pending in the Court of Judicial Magistrate, First Class, Indore.

(2.) As per the prosecution, on 13/11/2018, during night patrol ,an information was received to the effect that near a hotel on Bicholi Mardana road, in a farmhouse, some persons are consuming liquor. Thereafter the police party made necessary preparations and reached the farmhouse and saw the petitioners consuming liquor and making each other do the same. They were all apprehended and Breath Analyzer Test was conducted upon them from which they were found to have consumed alcohol in more than permissible quantity. Liquor bottles were also recovered from the spot. On the basis of the aforesaid investigation the petitioners have been implicated for the present offence. After completion of the investigation charge sheet has been filed before the Court concerned.

(3.) Learned counsel for the petitioners submits that the entire allegations as levelled by the prosecution against the petitioners even if taken to be true at their face value do not amount to commission of any offence by them. They are alleged to have been drinking together in a farmhouse. However, there is no allegation that they were doing the same for the purpose of profit or gain either for themselves or for any third person. Merely because the petitioners had consumed liquor it could not be said that they have committed any offence. The farmhouse by itself could not have been termed to be a common drinking-house hence there was no necessity for obtaining any license prior to consuming liquor therein. It is hence submitted that the entire proceedings against the petitioners deserve to be quashed.