Orissa High Court
Ramesh Soni vs State Of Odisha .... Opp. Party on 10 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2583 of 2024
Ramesh Soni .... Petitioner
Mr.Prafulla
Kumar Rath,
Senior Advocate
-versus-
State of Odisha .... Opp. Party
Mr.S.N.Biswal,
ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 10.03.2025
04.
1.
The petitioner is accused in 2(a)CC Case No.460
of 2024 for the alleged commission of the offences
punishable under Sections 52(a)(i) & 62 of Odisha
Excise Act in connection with EI & EB Unit-II (ND)
Sambalpur PR No.165/2024-25.
2. The allegation against the petitioner is that on
17.05.2024, while the Inspector of Excise along with
his team was performing his patrolling duty at
Ranibagicha, found a vehicle bearing Regd. No.OR-16
B 5255 was parked in the campus of one Deokaran
Prasad Jaiswal. On verification of the pass and permit
issued by the OSBC (SAM), they found that the pass
was issued by the OSBC depot for transportation of
beer. Instead of delivering the purchased beer in its
authorized shop premises, the vehicle was laying in
the premise of Sri Deokaran Prasad Jaiswal. Hence,
the case.
3. The matter was taken up on 21.08.2024 for
hearing and the following order was passed:
"1. This matter is taken up through Hybrid
Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the petitioner as well
as learned Additional Standing Counsel.
3. The present application has been filed with a
prayer to quash the entire criminal proceeding on the
ground that although the petitioner was having a
valid permit to transport the alleged alcohol which
was being been transported from the Odisha State
Bureau and Corporation, Sambalpur to the shop of
the licensee. However, in the process of
transportation the vehicle was interrupted by the
police and the same has been seized. Learned
counsel for the petitioner further contended that
although the alleged alcohol was being transported
validity, however the same has been wrongly
restrained by the police.
4. Learned counsel for the State on the other hand
referring to the instruction received from the
Inspector of Excise, Sambalpur dated
13.08.2024 contended before this Court that the
Inspector has on verification found that a total 280
cartons of beer were being transported in the truck
cases were intended to be delivered to the licensee
namely Ramesh Soni and 134 of Cases of beer were
intended to be delivered to one Siba Prasad Padhi
who is also a licensee. It appears that since the
truck had deviated from the permit rule while
transporting the alcohol the police party seized the
vehicle and the present case has been registered as
a result.
5. In view of the aforesaid factual position learned
counsel for the State directed to file his reply
affidavit within three weeks.
6. List this matter in the week commencing 23rd of
September, 2024.
7. Heard.
8. Notice as above.
9. As an interim measure it is directed that no
coercive action shall be taken against the petitioner
till the next date."
Pursuance thereto, the I.O. has filed an affidavit dated
11.09.2024, inter alia, stating as under:
"4. That it is humbly submitted that, on 17.05.2024
basing on the information from the higher quarter, in
presence of the Superintendent of Excise,
Sundargarh, this deponent along with other staff
conducted a raid in the abandoned enclosed place at
Adarsh Nagar of Sundargarh town. On search, this
deponent found one Bricks red colour Tata Truck
bearing Regd. No. OR-16-B-5255 loaded with 280
cartoon of Duty paid genuine beer of different
brands which was parked in the said campus and
the driver of the said vehicle was present inside the
cabin. Being asked, the driver produced two passes
issued by the OIC, OSBC, Sambalpur i.e.
i. 146 cases of Beer of different brands vide
Transport Pass No. OSBC (SAM) 2024-2025/3628,
date of issue 16.05.2024 20:13 PM in favour of the
petitioner, Licencee of Durubaga IMFL OFF shop
having route of transit Jharsuguda with current up
to date 17.05.2024 at 06:00 P.M.
ii. 134 cases of Beer of different brands vide
Transport Pass No. OSBC (SAM) 2024-2025/3630,
date of issue 16.05.2024 20:16 PM in favour of
Shiba Prasad Padhi, Licensee of Ranibagicha Beer
Parlour having route of transit Jharsuguda with
current up to date 17.05.2024 at 06:00 P.M.
5. That it is further humbly submitted that, on
being interrogated by this deponent regarding illegal
parking in the said campus, the driver of the said
truck stated that due to late hours in night and for
safety purpose, he parked the vehicle in the said
campus. But changing the route mentioned in the
pass, non-intimation to Excise Officials regarding
parking of the vehicle in the said premises by taking
the plea of late hours of night shows criminal
liability of the Driver and hence, the entire stock of
beer along with truck were seized by this deponent
in a good faith.
6. That it is humbly submitted that, as the Driver
Peter Kispatta failed to justify the reason of illegal
parking in that abandoned place, primarily, it is
revealed that, criminal liability is on the Driver as he
has parked the vehicle at an unauthorized place by
changing the route taking the advantage of validity
of pass.
7. That it is humbly submitted that, during the
course of investigation, it was further revealed that
Shib Prasad Padhi, licensee of Ranibagicha Beer
Parlour and the present petitioner, licensee of
Durubaga IMFL OFF shop were ignorant about this
matter till detection of this case and they do not
have any kind of involvement."
4. Mr. Biswal, learned Additional Standing Counsel
for the opposite party-State submits that he has also
received instruction from the Inspector of Excise E.I.
& E.B. Unit-II (N.D.) Sambalpur, which reads thus:
"Sub:- Report regarding criminal liability of the
accused Peter Kispatta, age-54 & status of the case
vide PR No. 165/24-25 of E.I. & E.B. Unit-II ND,
Sambalpur arising 2(a)cc No.460/24.
Ref:- Letter No.44934(2) Dated 05.08.2024 office of
the Advocate General, Odisha, Cuttack.
Hon'ble Sir,
With due respect, I am submitting the facts and
present status of the case vide the subject cited above
as follows:
That on dated 17.05.2024 basing on the information
from the higher quarter, in presence of the
Superintendent of Excise, Sundargarh. I along with
my staff conducted a raid in an abandoned enclosed
place at Adarsh Nagar of Sundargarh town.
On search, I found one Bricks red color TATA Truck
cartoon of Duty paid genuine beer of different Brands
which was parked in said campus and driver of the
vehicles was present in the driver cabin.
Being asked the driver produced two passes issued
by OIC, OSBC Sambalpur i.e., 1- 146 cases of Beer of
different brands vide Transport Pass No. OSBC (SAM)
2024-2025/3628, date of issue 16.05.2024 20:13 PM
in favour of Ramesh Soni, Licensee of Durubaga IMFL
OFF shop having route of transit Jharsuguda with
current upto date 17.05.2024 at 06:00 PM.
134 cases of Beer of different brands vide Transport
pass No. OSBC (SAM) 2024-2025/3630, date of issue
16.05.2024 20:16 PM in favour of Shib Prasad Padhi,
Licensee of Ranibagicha Beer Parlour having route of
transit Jharsuguda with current upto date
17.05.2024 at 06:00 PM.
On my interrogation regarding illegal parking in said
campus, he stated that, due to less hours in night and
for safety reason he parked the vehicle in the said
campus.
But changing the route mentioned in pass, non-
intimation to Excise Officials regarding detention of
the vehicle in the said premises by taking the plea of
late hour of night shows criminal liability of the driver,
hence the entire stock of beer along with truck was
seized by me in a good faith.
As the driver Peter Kispatta failed to justified the
reason of illegal parking in that abandoned place.
Primarily it is revealed that, in this case criminal
liability is on the driver (Accused) as he has parked
the vehicle at an unauthorized place by changing the
route taking the advantage of validity pass.
During my investigation I found that Shib
Prasad Padhi, licensee of Ranibagicha Beer
Parlour and Ramesh Soni, licensee of Durubaga
IMFL OFF shop were ignorant about this matter
till detection of this case and they have not any
kind of involvement. Hence No criminal liability
lies on them."
5. Mr. P.K. Rath, learned Senior Advocate appearing
for the petitioner submits that in view of the counter
affidavit and the instruction so received from the
Inspector of Excise, no case is made out against the
petitioners. Therefore, the proceeding against the
petitioners in 2(a)CC Case No.460 of 2024 is destined
to be futile exercise.
6. Regard being had to the stand taken by the
prosecution and the report submitted by the I.O. and
the submissions made by Mr. Rath, learned Senior
Advocate the present petition deserves merit.
7. Accordingly, I am of the considered view that the
case of the petitioner is covered by the judgments of
the Hon'ble Supreme Court in the cases of Gian
Singh v. State of Punjab and another, reported in
2012 (10) SCC 303; B.S. Joshi & others v. State of
Haryana & another, reported in (2003) 4 SCC 675
and Madhavrao Jiwajirao Scindia & another v.
Sambhajirao Chandrojirao Angre and others,
reported in AIR 1988 SC 709. Hence, subjecting the
petitioner to the rigours of the trial destined to be a
futile exercise.
8. Hence, 2(a)CC Case No.460 of 2024 in connection
with EI & EB Unit-II (ND) Sambalpur PR No.165/
2024-25 pending in the Court of the learned S.D.J.M.,
Sundargarh qua the petitioner is quashed.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 12-Mar-2025 11:01:45
