ANIL PRATAP MEWARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, Anil Pratap Mewara, is aggrieved by the order dated 2-6-2012 passed by the Additional Civil Judge (Jr. Div.) and Metropolitan Magistrate No. 10, Jaipur Metropolitan whereby the learned Magistrate has allowed the application filed by the investigating agency seeking issuance of warrant of arrest under Section 37 of the Rajasthan Police Act, 2007 (for short, 'the Act'), against him. The petitioner is also aggrieved by the order dated 21-6-2013 passed by the Sessions Judge, Jaipur Metropolitan whereby the learned Judge has dismissed the revision petition filed by the petitioner and has upheld the order dated 2-6-2012.

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(3.) The factual matrix of the case is that on 14-10-2010, one Mr. Ram Chandra Bairwa, Assistant Director (Prevention), Excise Prevention Station, Ashok Nagar, Jaipur received certain information. On the basis of this information, the departmental personnel reached Bagadia Bhawan situated at C-Scheme, Jaipur and found one Mr. Mool Singh. From his possession, they recovered a plastic bag containing eleven bottles of different liquors, namely Johny Walker, Black Label Scotch Whiskey, etc. They arrested him. On the basis of the statement made by him, the police personnel also reached the petitioner's house, namely Flat No. 302, Shekhawati Enclave, C-Scheme, Jaipur. There they found Anil Mewara, the petitioner. They searched his room. They discovered seven bottles of Johny Walker, Black Label Scotch Whiskey. Thus, from both the searches, they recovered eighteen bottles of Indian Made Foreign Liquor. According to the department personnel, during the search of the petitioner's house, he fled from the place.