KESHAR SINGH & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 30.6.2009 whereby charges have been framed against the present petitioners for the offence under Section 14/54, 19/54 and 54(A) and Section 69 of Rajasthan Excise Act, 1950 (hereinafter referred to as the Act).

(2.) The short facts of the case are that Excise Inspector, Circle Bhavani Mandi, Jhalawar has lodged a report that on 17.4.2005 during Nakabandi at Excise Check post, Raipur from Truck No. RJ 14-1G-8092 illicit liquor of 816 cartoons has been recovered. After investigation charge-sheet has been filed as present petitioner No.1 was the driver of the Truck, petitioner No.2 was Khalasi and against petitioner No.3 is the owner of the truck and during trial, the present petitioners have been charged for the offence under Section 14/54, 19/54(A) and 69 of the Act. The order was assailed by way of revision which was dismissed hence this petition.

(3.) The only contention of the present petitioners is that they were transporting the liquor under a valid permit and seizure memo also says so that permit and biltie have been handed over to Excise Inspector at the spot. The only contention of the prosecution is that some cartoons were not having batch Number for which statement of Rameshwar Dayal Agarwal who is the General Manager of Oasis Distillery Ltd. has been taken who has stated that due to mechanical mistake, on some cartoons batch numbers could not be mentioned and the letter to this effect dated 18.5.2005 has also been communicated by the Oasis Distillery Ltd. that due to mechanical mistakes on some cartoons, batch number could not be marked hence the case of the prosecution liquor was being transported illegally is baseless.