Pintoobhai @ Bhagwati Prasad ... vs State Of Gujarat
2023 Latest Caselaw 6008 Guj

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     R/CR.MA/5802/2014                                 JUDGMENT DATED: 18/08/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 5802 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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      PINTOOBHAI @ BHAGWATI PRASAD DWARKAPRASAD JAISWAL
                             Versus
                   STATE OF GUJARAT & 1 other(s)
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Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MS. VRUNDA C. SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 18/08/2023

                               ORAL JUDGMENT

1. At the outset, it is required to be noted that vide order dated 7.5.2014 passed by the Coordinate Bench of this Court, the present Criminal Miscellaneous Application was ordered to be heard along with Criminal

NEUTRAL CITATION

R/CR.MA/5802/2014 JUDGMENT DATED: 18/08/2023

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Miscellaneous Application No. 5803 of 2014.

1.1 Upon perusal of the record of both the matters, it appears that the FIR involved in the respective Criminal Misc. Applications are different and the accused persons in both the FIRs are also different. Therefore, considering the same, the present order is passed separately in the captioned Criminal Misc. Application No. 5802 of 2014, whereas, in Criminal Misc. Application No. 5803 of 2014, a separate order is passed.

2. By filing the present Application, the Applicant has prayed for quashing of the FIR being III-CR No. 1479 of 2011 registered with Dabhoi Police Station, Vadodara Rural for the offence punishable under Sections 66(1)(B), 65(A)(E), 116(1)(B) and 81 of the Prohibition Act.

3. The facts and circumstances giving rise to the filing of the present Application are such that on 25.10.2011, a secret information was received by the Police Authorities to the effect that one Bolero Jeep bearing Registration No. GJ 17 C 4288 would come from Kawant which would be loaded with a foreign liquor. On the basis of the information, a watch was deployed by the Police Department. The vehicle, as per the information arrived, was intercepted by the Police Authorities, and in all, four persons were sitting in the said vehicle, out of which, one person ran away taking advantage of the dark, and the foreign liquor worth Rs.16,400/- was seized from the vehicle in question. With these facts, the FIR being I-CR No. 1479 of 2011 came to be registered with Dabhoi Police Station against the present Applicant as well as the other co-accused.

4. Heard learned Advocate Mr. Hardik A. Dave for the Applicant. He submitted that the present Applicant has not been named in the FIR. Only on of the basis of the statement of the co-accused that the foreign liquor seized

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R/CR.MA/5802/2014 JUDGMENT DATED: 18/08/2023

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was procured from the present Applicant, he has been sought to be roped in the present offence. He further submitted that the other co-accused were tried for the present offences vide Criminal Case No. 304 of 2012 and the Court of learned Additional Judicial Magistrate First Class, Dabhoi vide its judgment and order dated 13.5.2021 has acquitted all the co-accused of the present offence. He therefore submitted to allow the present Application and quash and set aside the FIR as regards to the present Applicant.

5. The Application is opposed by learned APP Ms. Vrunda C. Shah. She submitted that in the FIR itself, a clear averment is made that the contraband foreign liquor was procured by the co-accused from the present Applicant. Thus, a specific role is attributed to the present Applicant in the FIR. She therefore submitted to dismiss the present Application.

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

7. Upon perusal of the FIR, the only averment made against the present Applicant is to the effect that the co-accused, who were apprehended from the place, where the vehicle was intercepted, had named the present Applicant saying that the contraband foreign liquor was procured by them from the present Applicant. Except this, no other material is available against the present Applicant in the present offence. It is also required to be noted that though the Police Authorities were allegedly informed by the co-accused that the contraband liquor was procured by them from the present Applicant on 25.10.2011 itself, in the FIR, which is also registered on 25.10.2011, the name of the present Applicant does not reflect in Column No.7 as Accused. It's a specific case of the present Applicant that he had been arraigned as an accused subsequently.

8. Learned Advocate for the Applicant has placed on record a copy of the

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judgment and order dated 13.5.2021 passed by learned JMFC, Dabhoi in Criminal Case No. 304 of 2012, whereby, the other co-accused of the present offence have been ordered to be acquitted. When the persons from whose possession the contraband foreign liquor was seized, have been acquitted, there is no point in continuing the proceedings of the present FIR against the present Applicant.

9. Under the circumstances, the present Application deserves consideration and hence the same is hereby allowed. The FIR being III-CR No. 1479 of 2011 registered with Dabhoi Police Station, Vadodara Rural for the offence punishable under Sections 66(1)(B), 65(A)(E), 116(1)(B) and 81 of the Prohibition Act, and all other consequential proceedings arising there from are hereby quashed and set aside so far as it relates to the present Applicant. Rule is made absolute.

(M. R. MENGDEY,J)

J.N.W