BHIMSEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482 Cr. P.C. has been filed by the petitioner for quashing the proceedings pending against him and his other fourteen partners in the court of the Munsif and Judicial Magistrate, Anoopgarh.

(2.) M/s Bhim Sen and party was granted liquor contract for the retail sale of liquor for Group-Shops at Suratgarh, Raisinghnagar and Padampur for the period from April 1, 1S87 to March 31, 1989. The petitioner is one of the partners of M/s. Bhim Sen and Party. According to the prosecution, the mainshop of M/s. Bhim Sen and Party situated at Anoopgarh, was searched on Aug. 9, 1988 by the Excise Inspector Suratgarh, and at the time of search, 153 bottles of simple liquor and eight bottles of rose-liquor were found. This stock was less than the required stock and according to the Excise Inspector, the Petitioner, thus, contravened the condition for the liquor licence as he was required to keep in stock atleast 15 days* stock. Though the inspection was made on Aug. 9. Iv8 , but the charge-sheet with respect to this offence was filed in the Court of the Munsif and Judicial Magistrate, Anoopgarh against sixteen persons, who are partners of M/s. Bhim Sen and party, on Aug. 3, 1989. The learned Magistrate, after looking into the challan papers, took cognizince against the petitioner under Sec. 58 (c) of the Rajasthan Excise Act.

(3.) I have heard the learned counsel for petitioner and the learned Public Prosecutor.