Bombay High Court
Pooja Musafir Kanojia vs State Of Maharashtra Thr. P.S. ... on 5 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
Judgment 1 APL 1171.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [APL] NO. 1171 OF 2018
1] Pooja Musafir Kanojia
Aged about 25 years, Occu-Private
R/o Near Anjikar Showroom,
Datta Nagar, Chandrapur
.... APPLICANT
// VERSUS //
1] State of Maharashtra
Through Police Station, Ramnagar,
Chandrapur.
2] Vilas Suryabhan Balki,
R/o Police Station, Ramnagar,
Chandrapur.
.... NON-APPLICANTS
___________________________________________________________________
Shri M.N. Ali, Advocate for the applicant,
Shri S.M. Ghodeswar, learned A.P.P. for the Non-applicant No.1/State
___________________________________________________________________
CORAM : V.M. DESHPANDE & ANIL S. KILOR, JJ.
DATED : JANUARY 05, 2021
ORAL JUDGMENT : (PER:- V. M. Deshpande, J.)
1. RULE. Rule is made returnable forthwith. Heard finally by
consent of the learned counsel for the parties.
Judgment 2 APL 1171.18.odt
2. The applicant, who is a lady, is represented by Shri M.N.
Ali, learned counsel whereas the non-applicant no.1/State is
represented by Shri S.M. Ghodeswar, learned Additional Public
Prosecutor.
3. The present application under Section 482 of the Code of
Criminal Procedure is filed seeking quashment of First Information
Report which is placed on record at Annexure-I of this proceeding. The
crime was registered on 27/02/2018 in view of the complaint lodged
by non-applicant no.2 with Police Station Ramnagar, Chandrapur for
the offence punishable under Section 65(E) of the Maharashtra
Prohibition Act, 1949 and under Section 188 of the Indian Penal Code.
The offence was registered against the driver of Bolero Pick-up vehicle
having registration No. MH-34/BG-1062.
4. As per the First Information Report, non-applicant no.2
when was patrolling along with other staff, as also was discharging the
duty to raid illegal gambling den and illegal sell of country liquor, got
secret information that one Mahindra Bolero vehicle bearing No.MH-
34/BG-1062 is transporting liquor illegally and the contraband is likely
to be emptied at Pugalia Nagar, Civil Lines, Chandrapur. Consequent to
Judgment 3 APL 1171.18.odt
such secret information, non-applicant no.2 along with panch witnesses
went near the spot and at that time, the raiding party witnessed a
Bolero vehicle coming on the spot. The same was intercepted. At that
time, the driver of the said vehicle ran away from the spot by leaving
behind the vehicle. On search, 1100 bottles of country liquor were
found. Also the raiding party noticed a hidden place to the trolley and
from the said, 44 boxes of liquor were also found.
5. After registration of crime, the investigation started. During
the investigation, the Investigating Officer found that the vehicle, which
was seized from the spot, is registered in the name of the present
applicant.
6. The State has filed reply opposing this application. In the
reply, it is stated that during the course of investigation, it was found
that an agreement was executed by the applicant with one Ankush
Wankhede, who is one of the accused in the crime, on 23/01/2018 and
under the said agreement, the vehicle was handed over by the
applicant to said Ankush Wankhede. The learned Additional Public
Prosecutor who is having all investigation papers, handed over the
same for perusal of the Court and the investigation papers also contain
Judgment 4 APL 1171.18.odt
the agreement executed between the applicant and Ankush Wankhede.
Perusal of the said agreement would show that it was executed on
23/01/2018 and under the said agreement, for a period of three
months, the vehicle was given to Ankush Wankhede by the applicant
and the custody and possession of the vehicle was given to Ankush
Wankhede. It was also one of the covenants of the agreement that he
will not use the vehicle, which is given in his custody, for any illegal
purpose.
7. The applicant, who is the owner of the vehicle, had
executed an agreement giving the vehicle in possession of Ankush
Wankhede and for that, as per the agreement, she was to receive the
charges. As soon as the vehicle was handed over to Ankush Wankhede
by the applicant, it could not be said that the applicant was having any
control of whatsoever nature over the said vehicle. If a person, in
whose favour an agreement is executed and possession of the vehicle is
given, is using the same for transporting the contraband, in our view,
the applicant cannot be held responsible. Further, it is not the case of
the prosecution, as it could be seen from the investigation papers, that
it is the applicant who has directed the driver to carry the contraband.
Judgment 5 APL 1171.18.odt
It is not the case of the prosecution that the applicant is also having any
past criminal record.
8. In view of the aforesaid, deception of the prosecution case
qua the present applicant, we are of the view that the First Information
Report in which the applicant is made as an accused, is required to be
quashed. Consequently, we pass the following order:
ORDER
i) The Criminal Application is allowed.
ii) First Information Report No. 174/2018 registered with
Police Station, Ramnagar, Chandrapur for an offence punishable under
Section 65-E of the Maharashtra Prohibition Act, 1949 and under
Section 188 of the Indian Penal Code, is hereby quahsed qua the
present applicant only.
iii) Rule is made absolute in above terms.
JUDGE JUDGE
Diwale
Digitally signed
Parag by Parag
Diwale
Diwale Date:
2021.01.05
17:55:32 +0530
