GOPIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dtd. 23/5/2023, passed by learned Additional Session Judge, Churu in Cr. Revision Petition No. 27/2021 by which the learned Judge dismissed the revision filed by the petitioner and affirmed the order dtd. 8/4/2021 passed by learned Judicial Magistrate, Churu in Criminal Case No. 190/2020, whereby the learned Magistrate framed the charges against the petitioner for offence under Sec. 19 raj 54A of Rajasthan Excise Act.

(2.) Brief facts of the case are that on 29.1 1.2019, SHO, PS Churu Sadar along with his team was on patrolling when they received a tip that a truck bearing No. RJ-lQ-GB-2121 was carrying illegal liquor. The police team set up "Nakabandi" on NH-52. At about 4:25 PM, the aforesaid truck was stopped and the driver and conductor disclosed their names as Rakesh and Suresh Kumar respectively. During search, the Police found some carton boxes of prohibited liquor along with 1990 plastic bags of rice, without any valid licence and permit. The police arrested both the driver and conductor of the truck.

(3.) Thereafter, Police registered a case and after due investigation, filed charge-sheet for offence under Sec. 19/54A of Rajasthan Excise Act against the present petitioner, being owner of the truck and for offence under Sec. 19/54 of Rajasthan Excise Act against the driver and conductor of the truck.