AAS MOHAMMAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This application filed under Sec. 482 Crimial P.C. is filed for quashment of criminal proceedings pending in Criminal Case No.609/2016 in the Court of Judicial Magistrate First Class, Agar.

(2.) The relevant facts are that Police Station-Agar seized a truck bearing registration No.RJ-02-GA-8427 with bottles of Tuborg strong beer loaded in the truck amounting to 8580 bulk liters and valuing to Rs.3,23,075.89. An offence was registered under Sec. 34(2) of M.P. Excise Act by the Police Station-Agar on 11.05.2016.

(3.) According to prosecution story, the truck was carrying Tuborg strong premium beer and the beer was being transported under a valid permit issued by Excise Department of State of Rajasthan. The permit also provides the route which was via Ujjain and the consignment was meant for Carlsberg India Private Ltd., Indore, Dewas Naka opposite Lasodia Police Station. The permit was valid only upto 10.05.2016, however, on 11.05.2016 when the truck was seized, it was found that the permit was already expired a day before. The liquor was a duty paid liquor and was being transported under a valid permit dated 09.05.2016. However, when the vehicle was seized, the permit had already expired.