RAJESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition, under Section 482 of the Code of criminal Procedure (for short "the Code"), for quashing the prosecution of the petitioner for transportation of liquor in violation of relevant conditions of the permit. The corresponding trial is pending as Cri. Case No. 1801/ 2007 in the Court of judicial Magistrate First Class, Lakhnadaun. In that case, cognizance of the offence punishable under Section 34 (1) and (2)of the M. P. Excise Act (for short "the Act") has been taken against as many as 4 persons including the petitioner arraigned as an accused in the charge-sheet submitted by SHO, P. S. Lakhnadaun after due investigation into the matter.

(2.) THE corresponding allegations made in the charge-sheet and its accomplishments may be summarized as under : On 23. 07. 2007 during routine checking of the vehicles on National Highway No. 7, Sub-Inspector c. K. Tiwari intercepted a truck, bearing registration no. RJ-11-GA-1100, proceeding towards Seoni. The vehicle was found carrying 1012 crates of Indian made Foreign Liquor (for short "imfl") under the brand name of "silver Jed Whisky" in pack size of 180 ml bottles in contravention of the corresponding conditions of the transport permit. The truck was being driven by Umashankar, a resident of Dhaulpur, rajasthan, who was accompanied by Cleaner namely bobby @ Satish, another resident of Dhaulpur and praveen Malviya, a resident of Jabalpur. During investigation, it was found that, at the relevant point of time, Praveen Malviya was an employee of the petitioner, who was working as Sales Representative of Jabalpur District of Gwalior Distillery.

(3.) LEARNED counsel for the petitioner has submitted that continuance of the prosecution of the petitioner is an abuse of process of the Court for the following reasons: