SANTRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under section 482 of Code of Criminal Procedure, 1973 has been filed by the petitioners being aggrieved with the order dated 20/01/2016 (Annexure P- 1) passed by Additional Sessions Judge, Datia in criminal revision No. 66/2015, whereby, the order dated 21/08/2015 (Annexure P-2) passed by the learned Chief Judicial Magistrate, Datia in criminal case No. 1017/2015 has been affirmed. The petitioners have further prayed that they may be discharged from the offences leveled against them.

(2.) Briefly stated facts giving rise to filing of this present petition are that on 20/06/2015 the police got information that the truck bearing registration No. UP-93 E-9147 was carrying liquor without having any valid license / permission. As per prosecution case, when the truck was searched, it was found that there were total 11988 bottles of silver whiskey amounting to approximately Rs. 38 Lakhs which was being transported, therefore, the case under section 34 (2) of M.P. Excise Act, 1915 (herein after referred to as 'Excise Act') was registered against the petitioners. While registering the case, the petitioners had informed the concerned police officer that they have a valid licence / permission issued by the office of Excise Department, Gwalior for transporting the liquor. Instead of making enquiry with regard to validity and genuineness of the license from the District Excise Officer, the police authorities without conducting any investigation filed the charge sheet against the petitioners under section 34 (2) of Excise Act. After completion of due investigation, charge sheet was filed before the competent court.

(3.) Learned Chief Judicial Magistrate framed charges against the petitioners under section 34 (2) of Excise Act. Again, at the time of framing of charges, petitioners produced the license / permission, but the same was not considered.