PUNEET SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These six criminal misc. petitions have been filed assailing action of Police of the Police Station, Bhiwadi alleging that an illegal and ill-motivated raid was conducted in the premises of factory of the Golden Bottling Company, Bhiwadi which is engaged in manufacturing and bottling Indian Made Foreign Liquor (IMFL) as well as Country Liquor in terms of the license issued to it by the Rajasthan Excise Department.

(2.) It is commonly stated on behalf of the petitioners that the bottling plant by the name of Golden Bottling Company was a private limited company duly registered with the Registrar of Companies. The Directors of the Company were Mr. Rajender Singh, Mr. Ashok Kumar Solanki and Mr. Aman Kumar at that relevant time. Mr. Surendra Solanki had retired from the post of Director on 18/03/2019 and was not connected with the day to day functions of the Company. The Company holds a valid license for manufacturing IMFL as well as valid license for manufacturing and sale of Country Liquor.

(3.) Learned counsel for the petitioners submitted that from bare reading of contents of the FIR, no case is made out either under Sec. 308 IPC or under Ss. 14, 16, 19 and 54 of the Rajasthan Excise Act and therefore, the FIR deserves to be quashed. It is submitted that the Police had entered the premises without there being any authority available to him and they could not have undertaken any search or seizure operation. The power under Sec. 43 of the Excise Act is only available with the Excise Inspector authorized for the said purpose. It is further submitted that the Police is harassing and conducting parallel investigation relating to the manufacturing unit which is duly licensed under the Excise Act and as there was already an Excise Inspector appointed by the Excise Department for the purpose of day to day supervision of the factory, the special power available to such Inspector, could not have been taken over or usurped by the Police. His further submission is that the Police Authorities, for extraneous considerations and with a view to help the local liquor cartels, which are engaged in illegal manufacturing of liquor, has carried out the raid illegally and without any authority. There was no occasion to presume that the bottling plant was having no license of manufacturing IMFL as the bottling plant is established since long at the premises and was not a new unit. The local Police was having ample knowledge about the activities being done at the bottling plant since long and a false and fabricated story was created in order to harassing and illegally arresting the share holders of the Company. It is submitted that the Excise Officer has not registered case under Sec. 14, 16, 19 read with Sec. 54 of the Excise Act although admittedly, he was present at the site. Mentioning of such offences in the FIR registered by the SHO shows high handedness and bullying attempt of the Police. It is submitted that the Police was not the Special Agency and had no authority, moreover there was no document mentioned in the FIR to show that the petitioners were engaged in smuggling liquor to Gujarat and Bihar. The mentioning of such allegations in the FIR itself shows a biased and malicious approach of the SHO for extraneous purposes and considerations. The entire proceedings were vexatious and the Police Officials deserve to be punished for having misused their power in closing down a running factory which had due license and also wrongfully arresting the petitioners.