PAPPU RAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under section 482 of Criminal Procedure Code has been filed for quashing the FIR against the petitioner Pappu Rai in respect of crime No. 208/2012 registered at Police Station Bahodapur for offence punishable under section 34(1 )(a) of M.P. Excise Act.

(2.) Factual matrix is, when the police party Bahodapur was patrolling in Anandnagar, they received an information that at Jalalpur Road, in front of Gyansingh Yadav's house a tractor trolly carrying illegal liquor is stationed. The police party reached the spot. Seeing the police party two persons jumped from the tractor and fled away. Two other persons were caught who disclosed their names as Kallu Batham and Kashiram Batham resident of Village Ladhedi. On search in the tractor trolly found to be 371 boxes of silver whisker, zin and country made liquor which were seized. Kallu Batham and Kashiram Batham were arrested. On their interrogation they have stated that the contraband belongs to accused Pappu Rai resident of Village Ghasmandi. The contraband valued Rs.8,76,720/- along with tractor trolly were seized.

(3.) On behalf of the petitioner it is contended that the petitioner has been falsely implicated. Gyan Singh let out the house to Rajesh Singh and Dalchand residents of Rasulabad. Therefore, Gyan Singh is not in possession of the house. Rajesh was residing [in the house. Therefore, the petitioner had no control or possession of the house which belonged to Gyan Singh Yadav. The recovered country made liquor were seized from the house situated at Sagartal Road, Gwalior. The house where goods were lying belong to Gopal Singh Yadav. The liquor was seized from the house not from the tractor trolly. In the newspaper "Nai Duniya" published this information on the same day. Police lodged the FIR which is fictitious and deserves to be quashed.