Gujarat High Court
Kishanbhai Damsingbhai Rathwa vs State Of Gujarat on 18 August, 2023
Bench: M. R. Mengdey
NEUTRAL CITATION
R/CR.MA/5803/2014 JUDGMENT DATED: 18/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5803 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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KISHANBHAI DAMSINGBHAI RATHWA
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
MS. VRUNDA C. SHAH, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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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
Miscellaneous Application No. 5802 of 2014.
NEUTRAL CITATION
R/CR.MA/5803/2014 JUDGMENT DATED: 18/08/2023
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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. 5803 of 2014, whereas, a separate order is passed in Criminal
Misc. Application No. 5802 of 2014.
2. By filing the present Application, the Applicant has prayed for quashing
of the FIR being III-CR No. 500 of 2011 registered with Bodeli Police Station,
Vadodara Rural for the offence punishable under Sections 66(1)(B), 65(A)(E),
116(2) and 81 of the Prohibition Act.
3. The facts and circumstances giving rise to the filing of the present
Application are such that on 2.7.2011, a secret information was received by the
Police Authorities to the effect that one Tanker bearing Registration No. GJ 6V
6356 would come from Devsima Chowkdi to Bodeli 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 three persons were sitting in the
said vehicle, and the foreign liquor worth Rs. 8,37,350/- was seized from the
vehicle in question. With these facts, the FIR being III-CR No. 500 of 2011
came to be registered with Bodeli 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 been falsely arraigned in the present
FIR. However, no specific role is attributed to the present Applicant in the
FIR. He further submitted that the Applicant was not present at the scene of
occurrence when a contraband foreign liquor was seized from the vehicle in
question. He further submitted that as per the case of the prosecution itself, the
NEUTRAL CITATION
R/CR.MA/5803/2014 JUDGMENT DATED: 18/08/2023
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contraband foreign liquor was to be transported to Madhya Pradesh and the
contraband foreign liquor did not mean to be transported to any part of the
State of Gujarat. Therefore, no offence as alleged in the FIR could be said to
have been committed. He therefore submitted to allow the present Application
and quash and set aside the FIR as regards the present Applicant.
5. The Application is opposed by learned APP Ms. Vrunda C. Shah inter
alia contending that the contraband foreign liquor worth Rs. 8,37,350/- had
been seized from the Tanker. Thus, the stock of liquor was of a sizable
amount. She therefore submitted to dismiss the present Application.
6. Heard learned Advocates for the parties and perused the record.
7. Upon perusal of the entire FIR, it appears that no specific role has been
attributed to the present Applicant. It appears that the present Applicant has
been arraigned in the present FIR as an accused simply because the contraband
foreign liquor was to be delivered at his place. It is required to be noted that
the Applicant is the resident of village Zaduli, Taluka and District Alirajpura,
Madhya Pradesh. There is no averment in the FIR as regards the present
Applicant having called for the said contraband foreign liquor except the
statement of the co-accused. Even if the said statement of the co-accused is
accepted to be true for the sake of argument, then also the contraband foreign
liquor in question was not to be transported to any part of the State of Gujarat.
Under the circumstances, the ingredients for the offence alleged in the FIR are
not made out against the Applicant, and thus, there is no point in continuing the
proceedings of the 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. 500 of 2011
registered with Bodeli Police Station, Vadodara Rural for the offence
NEUTRAL CITATION
R/CR.MA/5803/2014 JUDGMENT DATED: 18/08/2023
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punishable under Sections 66(1)(B), 65(A)(E), 116(2) 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
