P N MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This application is filed under section 482 Cr.P.C. and is directed against the judgment passed by the learned Chief Judicial Magistrate, Ujjain in Criminal Case No.744/2006 dated 20.04.2015.

(2.) The facts giving rise to this application are that the present applicant is a government employee working in office of Additional Inspector General of Police, Ujjain. He was subinspector at the relevant time. On 30.05.1993, he was posted as station incharge of Ghatiya police station, Ujjain that a white maruti van bearing registration No.MP07-N-5536 was coming from Kota Rajasthan towards Ujjain in which india made foreign liquor was being transported. He formed a police party along with ASI Katiyar, head-constable Budheshwar, head-constable Yashwantsingh, constable Siyaram and Gauri Shankar and intercepted the vehicle. During search, it was found that the vehicle was carrying 155 bottles of india made foreign liquor value of which assessed to be Rs.19,855/-. After due investigation, charge-sheet was filed before the concerning court. Trial followed and after trial the learned Chief Judicial Magistrate by the aforementioned judgment acquitted the accused and while acquitting the accused in the judgment dated 20.04.2015, the learned Chief Judicial Magistrate made following observations in paras 17, 18 and 19 of the judgment :-

(3.) This application is filed on the ground that without giving an opportunity to hear the present applicant the remarks were passed and, therefore, there is a violation of principles of natural justice and, therefore, when no opportunity is granted to the present applicant the remarks passed by the learned Chief Judicial Magistrate in para 19 of the judgment is without any jurisdiction. It is further said that no complaint was received in that case for many member of public. It is also a ground taken by the present applicant that he is not the only officer responsible for a lapses pointed out by the trial Judge. After collection of sample of the illegal liquor same was not kept in custody of the present applicant and was deposited in the proper custody with the person who is responsible for keeping custody of such items.