Ramesh Virbhanbhai Thakore vs State Of Gujarat
2023 Latest Caselaw 5931 Guj

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     R/CR.MA/4452/2014                             JUDGMENT DATED: 11/08/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 4452 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE M. R. MENGDEY

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1      Whether Reporters of Local Papers may be allowed                No
       to see the judgment ?

2      To be referred to the Reporter or not ?                         No

3      Whether their Lordships wish to see the fair copy               No
       of the judgment ?

4      Whether this case involves a substantial question               No
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                         RAMESH VIRBHANBHAI THAKORE
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. KUNAL S. SHAH, ADVOCATE for MR BA SURTI(876) for the
Applicant(s) No. 1
MS. VRUNDA C. SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 11/08/2023

                               ORAL JUDGMENT

1. By filing the present Application under Section 482 of the Code of Criminal Procedure, 1973, the Applicant has prayed for quashing the Charge Sheet No. Prohibition/127/2008 dated 27.8.2008 and also the subsequent Charge Sheet No. Prohibition/127/2008/B dated 8.4.2013 filed before the

NEUTRAL CITATION

R/CR.MA/4452/2014 JUDGMENT DATED: 11/08/2023

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learned Judicial Magistrate First Class, Rajkot.

2. The facts and circumstances giving rise to the filing of the present Application are such that on 6.8.2007, an FIR for the offence punishable under Sections 66(1)(B), 65(A)(E), 116(B) and 81 of the Prohibition Act came to be lodged at Rajkot Taluka Police Station with the facts that a foreign liquor worth Rs.10,74,000/- was seized from a TATA Tempo Truck bearing Registration No. GJ-1-V-3888 and GJ-1-V-88. The present Applicant came to be implicated in the said offence on the basis of the information received by the Police Authorities from the other co-accused. After conclusion of investigation, charge sheet was filed against the present Applicant and other co- accused.

3. Heard learned Advocate Mr. Kunal S. Shah appearing for the Applicant. He submitted that there is no material whatsoever to implicate the present Applicant in the present offence except a statement of the co-accused. He submitted that in the charge sheet filed against the other co-accused, there is no reference whatsoever as regards the material collected against the present Applicant for the offences in question, and therefore, there is no material except the statement of the co-accused available against the present Applicant. He therefore submitted to allow the present Application.

4. The Application is opposed by learned APP ms. Vrunda C. Shah appearing for the Respondent - State. She submitted that the foreign liquor seized from the vehicle in question was loaded in the vehicle by the present Applicant and thus the contraband liquor belonged to the present Applicant. She therefore submitted to dismiss the present Application.

5. Heard learned Advocates for the parties and perused the record.

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     R/CR.MA/4452/2014                                       JUDGMENT DATED: 11/08/2023

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6. Learned APP has produced a communication dated 10.8.2023 addressed by Police Inspector, Rajkot Taluka Police Station on record. In the said communication, it is mentioned that on 20.9.2007, an accused named Dilawarbhai Abdulbhai Vohra was apprehended by the Police. Upon his interrogation, he has stated that it was the present Applicant and one Thakore Rakesh @ Bhano Pratap had loaded the liquor in question in the Tempo. Upon perusal of the entire record, there is no material to suggest that the contraband liquor was loaded by the present Applicant in the vehicle in question. Learned APP is also at loss to point out any such material against the present Applicant from the record. The communication dated 10.8.2023 is also silent as regards any such material. Therefore, it appears that the present Applicant has been implicated in the present offence only on the basis of the statement of the co- accused. Learned Advocate appearing for the Applicant has sought to rely upon the judgment of the Coordinate Bench of this Court in Criminal Miscellaneous Application No. 12622 of 2020 wherein the Coordinate Bench of this Court, in similar set of facts, had quashed the FIR in question.

7. For the foregoing reasons, the present Application deserves consideration and hence, the same is hereby allowed. Prayer in terms of paragraph 8(b) is granted. Charge Sheet No. Prohibition/127/2008 dated 27.8.2008 and a subsequent Charge Sheet No. Prohibition/127/2008/B dated 8.4.2013 filed before the learned Judicial Magistrate First Class, Rajkot is hereby quashed and set aside qua the present Applicant. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W