VISHNU RATHORE Vs. STATE OF RAJ

JUDGEMENT

(1.) THESE two misc. petitions have been filed under section 482 and 483 Cr.P.C. for quashing of the FIR No. 17/10-11 (dated 21.12.2010) registered at Police Station Excie Department Neem KaThana, District Sikar for the offence under sections 18/54 (e) read with section 54(d) of Rajasthan Excise Act, 1950 and for quashing of the subsequent proceedings in cases No. 225/2011 and 224/2011 pending before the Additional Chief Judicial Magistrate No.l Shri Madhopur District Sikar including the filing of charge sheet, taking cognizance and order of framing the charges dated 18.6.2011 against the petitioner under sections 18/54 (e) read with section 54(d) of Rajasthan Excise Act, 1950.

(2.) BRIEF facts of the case are that FIR Nos. 18/2010 and 17/2010 were registered at Excise Circle, Neem Ka Thana for offence under sections 18/54 of the Rajasthan Excise Act in which it was stated that M/s. Agribiotech Industries Pvt. Ltd. moved a written application in the office of Excise Inspector, Neem Ka Thana stating that M/s. Premier Distilleries Pvt. Ltd. Puducheri has placed an order for supply of 40000 ltrs. extra neutral alcohol and in support thereof it had produced a "No bojection Certificate" of Deputy Commissioner (Excise ) Puducheri dated 3.11.2010. According to this No objection Certificate 40,000 Ltrs. Extra neutral alcohol was permitted to be exported. On the basis of aforesaid imported permit the District Excise officer Sikar has issued import permits SKR 016490 dated 22.11.2010 and SKR 016491 dated 22.11.2010. Thereafter on the basis of the aforesaid import permit transportation permit No. SKR 012791 dated 22.11.22010 and SKR 012792 dated 22.11.2010 were issued. On the basis of these export and transport permits in two tankers 20,000 ltrs. each extra neutral alcohol (total 40,000 ltrs.) were loaded for onwards delivery to M/s. Premier Distillaries Pvt. Ltd. RS No. 62/08 MaduKarai Road Manglam, Village Villianur Commune Puducherry. Thereafter the Deputy Commissioner Puducherry has informed to the Excise authorities that the alleged aforesaid "No Objection Certificate" was not issued by his office and the same is forged. In this manner the accused petitioner deceived to the department and obtained the export permits and transportation permits. On the basis of the aforesaid report an FIR No. 18/2010 was registered at Excise Circle, Neem Ka Thana for offence under sections 18/54 of the Rajasthan Excise Act.