Gujarat High Court
Sandeep @ Sanjaybhai Natvarsinh Rathod vs State Of Gujarat on 5 September, 2024
NEUTRAL CITATION
R/CR.MA/3248/2020 JUDGMENT DATED: 05/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET
ASIDE FIR/ORDER) NO. 3248 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE sd/-
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1 Whether Reporters of Local Papers may be NO
allowed 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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SANDEEP @ SANJAYBHAI NATVARSINH RATHOD
Versus
STATE OF GUJARAT & ORS.
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Appearance:
ADVOCATE NOTICE SERVED for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2,3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 05/09/2024
ORAL JUDGMENT
1. Present petition is filed under Section 482 of the Code of
Criminal Procedure, 1973 filed by the applicant original
accused arraigned in offence registered with the Valsad Rural
Police Station being CR No.III/353 of 2017 under the
provisions of Sections 65(E), 81 and 98(2) of the Gujarat
(Bombay) Prohibition Act, 1949 (hereinafter referred to as the
"Act").
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R/CR.MA/3248/2020 JUDGMENT DATED: 05/09/2024
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2. In order to appreciate the controversy involved, it would
be appropriate to refer in nutshell the case alleged against the
present applicant. On 08.11.2017 the complaint came to be
registered by the present respondent no.2 an armed force
constable with SOG, Valsad for the offence alleged which had
taken place at around 18.30 hours. In the said FIR, the
allegations were made against three accused persons named
therein. According to the complainant, while he was on his
duty and patrolling the area, a secret information was
received about the transport of liquor in one silver colored
Ford Fiesta Car bearing registration no. GJ-19-M-0233 which
had started from Silvassa and was likely to pass through Surat
via Pardi-Atul. It is further stated that the raiding party was
alerted who were on watch and when the above mentioned
car was noticed, the same was intercepted. It was noticed that
there were three persons siting inside the car including the
driver. Upon search of the aforesaid vehicle, the liquor bottles
and beer tins were found by the complainant. Total 104
bottles of IMFL and beer tins total worth Rs.39,600/- were
recovered. The aforesaid three persons as named in the FIR
were arrested.
3. The applicant herein has invoked the inherent
jurisdiction of this Court by preferring present petition under
Section 482 of the Code of Criminal Procedure mainly
contending that he was not named in the FIR nor he is found
with the possession of the contraband liquor within the
territory of Gujarat nor the vehicle involved in the offence
belongs to or is owned by the applicant. However, the
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R/CR.MA/3248/2020 JUDGMENT DATED: 05/09/2024
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investigating officer at the end of investigation has filed
charge sheet against the arrested accused persons and has
shown the present applicant as wanted. It is the case of the
applicant that is the partner of wine shop situated at Silvassa,
Dadranagar Haveli (Union Territory) for which he is holding
legal and valid license and has authorization for retail sell of
Indian made Foreign Liquor and Beer. Such license is issued
by the competent authority viz. Deputy Commissioner of the
Department of of Excise,Dadra Nagar Haveli, Silvassa (Union
Territory). It is further pointed out that parents of the
applicant are also running liquor shop under a legal and valid
license. The relevantdocuments are annexed along with the
petition.
4. At the stage of admission hearing of this petition, the
learned Additional Public Prosecutor under the instructions of
the officer of Valsad Rural Police Station had submitted that
the applicant name has been included in the charge sheet
pursuant to the statement of the co-accused. It was further
submitted that no material / evidence were found by the
investigating agency connecting the applicant with the
offence alleged. In such circumstances, this Court by order
dated 5.3.2020 had admitted the petition and had granted the
relief thereby staying the investigation against the applicant.
5. Learned advocate on record for the petitioner had
unfortunately expired and this Court has issued notice upon
the applicant, which has been duly served, however no
appearance has been entered upon.
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R/CR.MA/3248/2020 JUDGMENT DATED: 05/09/2024
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6.0. Today, when the matter was taken up for hearing, Ms.
Chetna M. Shah, learned Additional Public Prosecutor has
appeared on behalf of the respondent State and has under the
instructions of the officer attached with the Valsad Rural
Police Station had submitted that pursuant to the charge
sheet filed which according to her was prior in point of time,
the Criminal Case was registered with the Court of learned
Additional Senior Civil Judge and Additional Chief Judicial
Magistrate, Valsad being Criminal Case No. 873 of 2020. The
applicant was tried for the offence alleged. She has submitted
that unfortunately the attention of the trial Court was not
invited to the order passed by this Court in the present
petition. She has further submitted that the prosecution has
failed to prove the case involving the present applicant in the
alleged offence. The trial Court therefore, by order dated
26.10.2023 has recorded acquittal of the present applicant
from the offence alleged.
6.1. The copy of the aforesaid decision of the trial Court
acquitting the present applicant is placed on record for
consideration along with the case status details reflecting the
FIR number. Ms. C.M. Shah, learned Additional Public
Prosecutor has also placed on record the copy of the order
dated 17.2.2020 passed by the Coordinate Bench in Criminal
Miscellaneous Application No.3541 of 2020 enlarging the
applicant on anticipatory bail in respect of the offence alleged.
While referring to the aforesaid order, learned Additional
Public Prosecutor has submitted that the applicant assured
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before the Court, must have appeared before the Investigating
Officer, which must have led to filing of charge sheet and
ultimately criminal case was tried. She has therefore, urged to
pass appropriate order.
7. Having heard the learned Additional Public Prosecutor
for the respondent State and having perused the order dated
17.2.2020 passed by the Coordinate Bench of this Court
granting anticipatory bail and the order of acquittal recorded
by the trial Court, it is evident that the applicant has been
tried for the offence alleged. Unfortunately, the order dated
5.3.2020 passed by this Court in the present proceedings of
quashing staying the investigation has not been appraised to
the trial Court. Be that as it may, indisputably the trial has
resulted into the acquittal of the applicant as the prosecution
has miserably failed to prove the charge alleged against the
applicant. In view of the aforesaid order of acquittal, no
further orders are required to be passed in the present
petition. Hence, present petition stands disposed of.
sd/-
(NISHA M. THAKORE,J)
RATHOD KAUSHIKSINH
