PUNIT SHIVHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing of charge-sheet filed in relation to crime No.232/2016 registered at P.S. Lava Ghogri, District Chhindwara for the offences punishable under Section 34(2), 42, 44 of M.P. Excise Act and consequential proceeding relating there to.

(2.) Brief facts of the case are that on 20/10/2016 K. S. Parte, the then S.H.O of the Police Station Lava Ghogri, District Chhindwara received information from an informant that some people were carrying illegal english wine from Betul side towards Chhindwara in a vehicle bearing registration No.CG-04-JB-7714. On that K.S. Parte went to Ashish Dhaba, situated near Kanhan river along with the panch witnesses Ramesh Das, Maujialal and members of the police force namely A.S.I. Santram, H.C. Indrapal, Constable Durjan Singh, Nitin Singh and Nirmal Singh and waited for the said vehicle and on seeing the said vehicle bearing registration No.CG-04-JB-7714 coming from Betul to Chhindwara side, stopped it and seized 342 liters of foreign liquor, which was being illegally carried in that vehicle. At the time of incident, the vehicle was being driven by co-accused Mahendra Malviya, so, he also arrested co-accused Mahendra Malviya. One person ran away from the jeep taking advantage of the darkness. On interrogation, Mahendra Malviya informed K.S. Parte before Panch witnesses and above mentioned members of the police force that the person, who ran away from the jeep was co-accused Faiyaz Khan, who was the owner of the said vehicle. He and Faiyaz Khan bought this liquor from applicant Puneet Shivhare and co-accused Mahendra s/o Santosh, who were the Managers of a wine shop situated at Multai and were taking it to deliver to co-accused Dharmendra at village Bhanadehi. On that, Police registered crime No.232/2016 for the offences punishable under section 34(2) of the M.P. Excise Act against Mahendra Malviya and co-accused Faiyaz Khan and investigated the matter. During investigation, it was found that the alleged liquor was sold to co-accused Mahendra Malviya and Faiyaz Khan by applicant Punit Shivhare and Mahendra s/o Santosh, who were the Managers of liquor shop situated at Multai and Contractor of that shop was Chandrabhan. The seized liquor was being taken to deliver to co-accused Dharmendra. It was also found that the english wine of the batch number 47/17 and 229 that had been seized by the police had been allocated to the liquor shop located in Multai. On that, police also made applicant, co-accused Mahendra s/o Santosh, Chandrabhan and Dharmendra accused in the crime and filed charge-sheet against them before the C.J.M. Chhindwara. Since the applicant and coaccused Mahendra s/o Santosh Singh, Chandrabhan and Faiyaz Khan could not be found, police filed charge-sheet against them in their absence. On that, charge sheet Criminal Case No.1616/16 was registered. Learned C.J.M. declared applicant and co-accused Mahendra s/o Santosh Singh, Chandrabhan and Faiyaz Khan absconded and issued perpetual arrest warrant against them. Presently, Criminal Case No. 1616/16 is pending before C.J.M. Chhindwara.

(3.) Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available against the applicant to connect him with the crime.