Rajveer vs State of Rajasthan

R.S. Chauhan, J.—The Petitioner is aggrieved by the investigation in FIR No. 4/2010-11 registered at Police Station Excise Circle Khetri, District Jhunjhunu, u/s 19/54 of the Excise Act.

The brief facts of the case are that on 02.06.2010, the Assistant Director, Excise Department lodged a FIR No. 4/2010 against the Petitioner and other co-accused persons for the offence u/s 19/54 of the Excise Act alleging therein that they recovered 192 quarters of country made liquor from the Petitioner. Hence, this petition before this Court.

The learned Counsel for the Petitioner has contended that the Petitioner happens to be the power of attorney holder on behalf of Shishram, who holds a valid licence from the Excise Department for the period 01.04.2010 to 31.03.2011. He further pleads that on 02.06.2010, the Excise Officers came to the Petitioner and demand illegal gratification. Since the Petitioner refused to give illegal gratification to the Excise Officers, therefore, a false case has been foisted upon him. According to the FIR, the officers of the Excise Department had recovered 192 quarters of country-made liquor from the Petitioner and co-accused, Suresh, and started investigation. However, the Petitioner claims that the said consignment was bought by the him from Ganganagar Sugar Mills by bill No. 2865 and 0040191. Since he is a valid licence holder, he was entitled to buy the said consignment. Therefore, no offence u/s 19/54 of the Act against the Petitioner is made out.

Heard the learned Counsel and perused the impugned FIR.

According to the FIR, on 02.06.2010 when the officers of the Excise Department saw the Petitioner, the Petitioner left 192 quarters of country-made liquor. Thus, it seems that, prima faice, at least, offence u/s 19/54 is made out. However, as the Petitioner claims that he is the power of attorney holder of Shishram, he is free to bring the power of attorney, granted in his favour, to the notice of the Excise Officer.

Needlesstosay, the Excise Officers are expected to carry out a free and fair investigation. Therefore, they are duty bound to look into all the documents produced by the Petitioner in order to consider whether any offence has been committed by the Petitioner or not.

Although, this Court is not inclined to interfere with the said FIR, nonetheless this Court expects the Excise Officers to carry out an impartial investigation.

With these observations, this petition is, hereby, disposed off.