MOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under S. 482 Crimial P.C. for the delivery of the consignment of 750 carats of Beer bottles of Golden Eagle which were seized by the competent authorities in case No. 39/70 and 226/79. It arises in the following circumstances.

(2.) Bhilwara District is a dry district in the State of Rajasthan. On 2.6.79, 217 carats containing 2004 bottles of Golden Eagle beer were recovered from the Truck RJY 9755 at Bhilwara and 532 carats of Golden Eagle beer containing 6384 bottles and 23 empty bottles and two empty carats were recovered from the shop of Kedarmal on the same day. Two cases were registered and it is not known whether they have resulted in filing of the charge sheet or not.

(3.) Two applications by one Moolchand alleging himself to be the proprietor of M/s. Novelty Wine Traders, Nanded (Maharashtra) were filed on 20.6.79 in both the cases with a request that the beer bottles which had been seized in two cases may be delivered to him on surety. The learned Magistrate disallowed the application vide his order dated 23.6.79 and ordered on 8.11.79 that the Assistant Excise Officer, Bhilwara should dispose of the seized beer bottles at places where there is no prohibition.