P V MURLIDHARAN Vs. STATE OF M P

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. is directed against the order passed by the learned 9th Additional Sessions Judge, Ujjain in Criminal Revision No. 357/2012 in which the present applicant was the revisionist and whereby the learned Additional Sessions Judge confirmed the order passed by the learned Judicial Magistrate First Class, Ujjain framing charges against the present applicant under Section 34(1)(A) read with Section 34(2)(A), M.P. Excise Act. The brief facts giving rise to this application are that on 29-5-2011, when Sub-Inspector (Excise) along with his force was patrolling the area, he intercepted goods vehicle bearing registration No. MP 06-HC-0861 and MP 06-HC-1157 on suspicion. The vehicles were loaded with liquor. They produced permit for the liquor. The vehicles were carrying 500 and 1000 cartons of liquor respectively. The Sub-Inspector checked 10 cartons from each vehicle and found that in many of such boxes, the required holograms were not affixed and, therefore, he proceeded to take action against the present applicant and other co-accused.

(2.) While dealing with the matter, the question raised before the learned Additional Sessions Judge was whether the present applicant was liable for affixing holograms on the cartons. The learned Additional Sessions Judge as well as the Magistrate were of the view that at the stage of framing of charge, it could not be decided whether the accused were under liability of affixing the hologram on the cartons containing the liquor.

(3.) Before the proceeding to decide the controversy involved in the matter, it may be observed that Commissioner Excise issued an instruction, which is filed as (Annexure P-4) at page 16 with the application directing therein that earlier instructions were issued for affixing of hologram on all the bottles and cartons of liquor, which is duty paid. In the circular (Annexure P-4), it was observed that it was assumed by the officer issuing the instruction that under the previous instruction, all the bottles and cartons must be carrying such holograms affixed on it and, therefore, when any carton or bottles are found in the shops selling such liquor it may be presumed that the liquor was not duty paid and instant action should be taken against them.