GAJENDRA SINGH BHADORIA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally, with consent.

(2.) Quashment of FIR registered vide crime No. 164/2016 for offence punishable under Sec. 34 and 42 of the M.P. Excise Act, 1915 registered at PS Daboh, District Behind along with all consequential proceedings have been prayed by the petitioner by way of filing the instant petition under Sec. 482 of Cr.P.C.

(3.) As per the prosecution story; on 31/7/2016, police constable of PS Daboh while making surprise inspection at Tahsil Lahar got the clue about the sale of liquor without permission in the area. On search, he found one co-accused Arvind Kumar Tiwari in possession of 30 quarters of country made liquor, thus arrested him and while preparing the memo under Sec. 27 of the Evidence Act seized the country made liquor from his possession. The co-accused has referred the name of present petitioner who happens to be a shop owner of the liquor and having licence to sale the liquor. He was arrested and brought to police station; wherein, all consequential proceedings have been followed. On the basis of statement of the co-accused, present petitioner has also been implicated and investigation is going on.