SONU RAGHUVANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') is preferred by applicant for quashment of charge-sheet arising out of FIR bearing crime No.910/2021 for the offence under Sec. 34(2) of M.P. Excise Act, 1915 registered at Police Station Banganga, Indore and all other consequential proceedings arising therefrom.

(2.) Brief facts of the case are that on 18/7/2021 police got a discrete information with regard to a vehicle, which was carrying alleged liquor. Acting upon the said information, police party reached on the spot and intercepted the vehicle bearing registration No. MP-09-GG-6674 at Super Corridor and during the search, recovered 468 bulk litres illicit liquor from the possession of co-accused Narendra Singh and Indrajeet Singh. On the basis of memorandum given by co-accused, present applicant has been implicated as a accused in this case.

(3.) Learned counsel for the applicant contended that he is innocent and has been falsely implicated in this matter. His name neither mentioned in the secret information nor in the FIR. During the investigation, not a single piece of evidence has been produced by the prosecution, which shows the guilt or involvement of the applicant in the instant matter. Neither any liquor was recovered from the possession of present applicant and nor any vehicle or property belonged to the present applicant. Applicant has been implicated only on the basis of memorandum under Sec. 27 of Evidence Act, but in absence of any recovery, it is not to be considered as admissible piece of evidence. No prima facie case is made out against the present applicant. Under these circumstances, learned counsel for the applicant prays that impugned chargesheet, FIR bearing Crime No. 910/2021 and all other consequential proceedings arising therefrom be quashed.