VIRENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of FIR No. 05 of 2021, dtd. 19/1/2021, registered at Police Station Kupvi, District Shimla, H.P, for the commission of offences punishable under Sec. 39 (1)(a) of H.P. Excise Act, 2011 and Sec. 171E read with Sec. 34 of Indian Penal Code (in short 'IPC') and the consequential proceedings arising out of the FIR.

(2.) It has been asserted that the petitioners were falsely implicated in the FIR at the instance of the informant/respondent No. 2. The dispute involves the Panchayat election. The allegations in the FIR appear to be highly concocted and imaginary. The accused were not even present in the vehicle. The petitioners were major. They could possess two bottles each with a capacity of 750 ML each as per the prosecution. The quantity of bottles recovered from the vehicle if divided amongst 05 petitioners would be less than two bottles and no offence is made out against the petitioners. The allegations in the FIR even if accepted to be correct do not constitute the commission of an offence. Hence, it was prayed that the present petition be allowed and the FIR be ordered to be quashed.

(3.) The petition is opposed by filing a status report asserting that the informant made a complaint to the police stating that he was contesting the elections as a Pradhan of Gram Panchayat Dhotali. Krishan Chand informed the informant on 18/1/2021 at 09:54 pm that Virender Sharma, a rival candidate for the post of Pradhan was moving in his vehicle with his four friends and it appeared that he was distributing liquor to influence the voters. He argued with Krishan, Jagat Ram and Ravi Dutt. The vehicle was taken toward Dhotali. The informant sent Rohit, Deep Ram etc. and asked them to stop the vehicle. They attempted to stop the vehicle, however, the driver sped towards Bhalu. Krishan Chand, Ravi Dutt, Jagat Ram, Devender Govind etc. followed the vehicle. The driver stopped the vehicle at a distance of one kilometre from Dhotali. The occupants ran away from the spot. The vehicle had a carton containing Country made liquor and one mobile phone. The carton contained six bottles of country made liquor bearing the mark Sirmaur Orange and the words 'for sale in Himachal Pradesh". The police registered the FIR and seized the liquor. The police arrested the petitioners. The bottles were sent for analysis and as per the report, each bottle contained 47.56% proof alcohol. The police prepared a challan and filed it in the Court of learned Judicial Magistrate, First Class (JMFC) Chopal, which was listed for 6/3/2024 for further orders.