HARI SINGH SHIVHARE Vs. STATE OF M P

JUDGEMENT

(1.) Inherent powers of this court u/S. 482 of Cr.P.C. are invoked for seeking quashment of the FIR dated 13/7/2016 bearing Crime No. 428/16 registered by police station, Dabra district Gwalior (M.P.) alleging offences punishable u/Ss. 34 (2) and 42 of the M.P. Excise Act and as well as all other consequential proceedings flowing therefrom.

(2.) Learned counsel for the rival parties are heard.

(3.) The brief facts of the case are that on 12.07.2016, an information was received through reliable sources that a white coloured Tempo Trax bearing registration No. MP07/GA 1492 carrying illicit liquor was passing through Gwalior to Datia. On receipt of such information, the police party went to the spot for checking and during process they intercepted the vehicle in question which was carrying 225 cartoon of illicit country made liquour without any valid licence. On being asked about the licence the persons namely Hetram Rai and Harish Pal, who were carrying the alleged liquor at the behest of the petitioner, failed to produce licence and account for the stock. Accordingly, the vehicle was seized alongwith illicit liquor and the accused persons were arrested. Consequently, FIR was registered against the petitioner and other co-accused persons.