VIRENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE accused -petitioner has filed this Criminal Misc. Petition under Section 482 Cr.P.C. with a prayer to quash and set aside the criminal proceedings pending in the form of Criminal Case No. 30/2011 in the Court of Additional Chief Judicial Magistrate No. 2, Srimadhopur (District Sikar) for the offence under Section 18/54(e) read with Section 54 -D of the Rajasthan Excise Act, 1950 (hereinafter to be referred as 'the Act') to his extend and also the warrant of arrest issued for his appearance before the trial Court.

(3.) BRIEF relevant facts for the disposal of this petition are that FIR No. 12/2010 -2011 came to be registered at Abkari Circle, Srimadhopur against a registered company M/s. HSB Agro Industries Pvt. Ltd. and others on the premise that in pursuance of the criminal conspiracy by using fake and forged export permit and other relevant documents, 40,000 bulk litre of ENA (Extra Natural Alcohol) was exported by the company and, therefore, excise duty has been evaded. After investigation charge -sheet was filed against five accused persons and investigation was kept pending against eighteen persons including the petitioner. The petitioner has been made an accused on the premise that he is one of the Directors of the aforesaid company. Vide order dated 8.10.2013, the trial Court ordered to issue warrant of arrest against the petitioner under Section 37 of the Police Act.