Hanuman Sahay Mina @APPELLANT@Hash State Of Rajasthan

The instant petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondents to conduct fair, proper, impartial and

expeditious investigation in case arising out of FIR No. 49/2017-18 registered at P.S. Excise Nirodhak Dal, Chaksu, Jaipur for the offences under

Sections 14 read with 54 and 16 read with 54 and 54A of Rajasthan Excise Act.

The learned counsel for the petitioner contends that the petitioner being owner of the vehicle was not present at the spot. He is being prosecuted

merely because he is registered owner of the vehicle. The learned counsel for the petitioner contends that there is no mens rea on the part of the

petitioner to commit offence. The learned counsel for the petitioner further contends that he is ready and willing to prove his innocence before the

investigation officer.

After hearing the learned counsel for the parties, the present petition is disposed of and it is ordered that in case the petitioner appears before the

investigating officer and present his defence, same shall be taken into consideration by the investigating officer before formulation of opinion by the

investigating officer and submission of report of investigation in the court of competent jurisdiction.