SANJEEV SINGH Vs. STATE OF J&K AND ANR.

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C, the petitioner seeks quashing of false and frivolous FIR No.02/2017 dated 21st February, 2017, registered by respondent No.2 against the petitioner under Section 188 RPC and 48 (a) of Excise Act at GRP, Katra in sheer abuse of process of law and Court.

(2.) The factual matrix of the case is that the petitioner is Sepoy in Indian Army, more particularly, in 6 JAKRIF ever since 2004. The battalion of the petitioner was posted at Delhi. The marriage ceremony of the younger brother of the petitioner, namely, Rajeev Singh S/o Rashpal Singh was scheduled to be held on 28th February, 2017. A wedding card evidencing the factum of the said marriage is enclosed herewith and is marked as Annexure-C. In the said marriage, there was a cocktail function also. The petitioner within his eleven months quota got issued 55 bottles of liquor from CSD Canteen of his own unit. So, in order to attend the marriage function and to deliver the said liquor for cocktail function, he being an Army Personnel got warrants and ultimately, a ticket was issued of Shree Shakti Express from Delhi to Jammu and boarded the said train on 20th February, 2017 at 9.00 P.M and the arrival time of the said train at Jammu was 3.00 A.M. Therefore, the petitioner was on his way from Delhi to Jammu with 55 bottles of liquor, duly issued by the CSD Canteen. An Authority Letter dated 20th February, 2017 was also issued to the Unit in favour of the petitioner to carry the said liquor for his brother's marriage. The petitioner was sanctioned a leave of thirty days by his Unit in order to attend the said marriage ceremony. The last Station of the said train was at Katra, whereas the Railway Ticket issued in favour of the petitioner was upto Jammu only, but because of the reason that the petitioner fell asleep and could not wake up at Jammu Railway Station at 3.00 A.M, therefore, reached at Katra inadvertently and while coming out on the Railway Station, he was apprehended by the GRP Personnel. Nonetheless, the petitioner produced not only his identity card, but also the Authority Letter and the Leave Certificate warrant in order to substantiate the legal possession of the said liquor with him, but all the request and persuasion of the petitioner did not go into the deaf ear of the respondent No.2 and ultimately, the petitioner was arrested illegally, his belongings and the said liquor was also seized and the petitioner was put behind the bars by slapping an impugned FIR over the petitioner.

(3.) The petitioner being aggrieved of the aforesaid impugned FIR, has challenged the same on the following grounds:-