RAMKISHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure. The petitioner No.2 is a contractor of country made liquor and he had a contract licence for 19 shops in District Gwalior, including the shop situated at Rairu. In pursuance of the said licence the petitioner No.2 applied for supply of 300 litres of country -made liquor for Rairu shop and he deposited the requisite amount vide bank challan. The liquor was being transported by vehicle No. M.P. 04 -J 0356 belonging to the petitioner No.1 and the petitioner No.1 is the registered owner of the same.

(2.) THE said vehicle is registered with the R.T.O., Bhopal. In pursuance of the issuance of 400 bottles of country -made liquor, the same was being transported in two different jeeps for the sake of facility. 400 bottles of liquor was a big bulk and such a big bulk would cause a lot of breakage in carrying single jeep because of overloading. To avoid this breakage two vehicles were used.

(3.) AGGRIEVED by the said order the present petition has been moved. I have perused the impugned order. The learned Judge has rejected the petition on the ground that no permit was granted to transport liquor by the vehicle concerned and no such order was produced before the Magistrate. The main reason for the rejection of the application is that the vehicle is registered at Bhopal and that no permit for transporting liquor by the concerned vehicle was produced.