HUKAM SINGH RAO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred on behalf of the petitioner with a prayer for quashing FIR No. 112/2019 of Police Station Bhinmal, Distt. Jalore for the offence punishable under Section 19/54 of the Rajasthan Excise Act.

(2.) Brief facts of the case are that on 30.3.2019, the Sub-Inspector of Police Station Bhinmal namely Shera Ram lodged a written report before the SHO, Police Station Bhinmal alleging that today at about 11.48 am, when he along with the police party was on patrolling, a secret information was received by him that in Bhinmal RIICO Industry, an Ice cream factory is situated, which is closed however, in the back-side of the said factory, a room is constructed wherein, huge quantity of illegal liquor is stored. It is also mentioned in the report that the said factory is owned by the petitioner. It is further stated in the complaint that obtaining of warrant from the Court concerned would cause delay and as the information was authentic, he along with police personnel raided the factory at 12.15 pm however, on seeing the police party, the petitioner fled away from there, but he was identified by the police personnel. It is stated that on searching the factory, they found a room on the back-side of the same, in which, around 140 cartons of beer of different make were found. It is stated in the report that it was believed that the said illegal liquor is stored in the said room of the factory without any valid permit or license, therefore, the offence punishable under Section 19/54 of the Rajasthan Excise Act is made out. After taking samples from the recovered liquor, the police party reached the Police Station and gave report. On receiving the aforesaid report, the impugned FIR was registered naming the petitioner as sole accused.

(3.) Learned Counsel for the petitioner has submitted that though the factory is owned by the petitioner, but the same was not in his possession because he had already rented out the said property to one Bhanwar Lal Bishnoi vide written agreement executed way back on 16.10.2018. It is further submitted that the allegations levelled in the impugned FIR are absolutely false as the petitioner is not involved in the business of liquor. It is averred in the misc. petition that the petitioner is a Journalist by profession and he did not stay at Bhinmal and remained out of the town for most of times. Learned Counsel for the petitioner has further submitted that as a matter of fact, the person, to whom the petitioner had rented out the property, also moved an application before the Trial Court for releasing the liquor seized by the police and from this fact also, it is proved that the liquor seized by the police from the said factory belongs to him only. It is further submitted that the police are trying to implicate the petitioner in this case falsely and in such circumstances, the impugned FIR against him is liable to be quashed.