MANNAN GOEL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the above captioned petitions have been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 47 dated 16.02.2016, registered for offences punishable under Sections 188 of Indian Penal Code (for short 'IPC') read with Sections 68 of the Punjab Excise Act, 1914 (as applicable to State of Haryana). Though FIR also mentions offences punishable under Sections 1 and 14 of the Punjab Excise Act, which apparently is a mistake at the time of recording FIR as Sections 1 and 14 appear to have been mentioned in place of number and year of the Punjab Excise Act.

(2.) Fir was registered on the complaint of Inspector Ajit Singh of Police Station Ambala Cantt., wherein he has stated that on 16.02016, he alongwith his police party was present at Swastik Chowk, Ambala Cantt. in connection with night patrolling, when he received a secret information that some persons were creating noise after consuming liquor at Hotel Shangahi near Vijay Rattan Chowk, Ambala Cantt. After apprising some senior officers, he conducted a raid and found that many boys and girls were consuming liquor inside the hotel and were creating noise by playing music at high pitch. He apprehended 27 boys and 06 girls, who have been named in the FIR and found that owner of the hotel, namely, Sanvir Sondhi was serving liquor and permitting dance and music in his hotel till late night. The police after investigation presented challan in Court.

(3.) Learned State counsel has submitted that challan has been presented for offences punishable under Sections 188 IPC and 68 of the Punjab Excise Act as the accused named in the FIR have violated order promulgated by Deputy Commissioner of Police, Urban Ambala banning use of loud speakers, DJ etc. and they were consuming liquor in hotel at the top floor for which owner of hotel was not possessing any licence.