Ravindra Rai vs State of M.P.

S.S. Dwivedi, J.

The applicant has filed this petition u/s 482 of Cr.P.C., for quashment of the FIR registered against him by Police Ganjbasoda District Vidisha as Crime No.489/07 for the offence u/s 34(1)(a) and 59 of the M. P. Excise Act.

Briefly stated facts of the case are that the Police Ganjbasoda on secret information seized 15 containers of liquor from the possession of one co-accused Rajendra Singh. On his information Police came to know that this liquor belongs to the present applicant Ravindra Rai, on which basis, police has also registered this case against the present applicant and after investigation charge sheet has been filed. Aggrieved by which, the applicant moved this petition under the provision of Section 482 of Cr.P.C for quashment of the FIR and consequential proceedings against him filed by the police Ganjbasoda before the JMFC Ganjbasoda.

Heard learned counsel for the applicant as well as Public Prosecutor for the State and perused the record.

It is submitted by the learned counsel for the applicant that on perusal of the entire papers submitted by the Police, there is no connecting link available against the present applicant that he is the person who had put concerning liquor in possession of co-accused Rajendra and unless cogent evidence is available against the applicant to connect him with this crime, the registration of the FIR and consequential proceedings of the charge sheet against the applicant is erroneous, illegal and liable to be quashed.

Learned Public Prosecutor for the respondent/State supported the FIR as Well the proceedings initiated against the applicant and submitted that in the FIR itself, the police has named the present applicant as the person who transported liquor in the vehicle bearing No. UP-93-275, therefore, the possession is also proved and no grounds are available for quashment of the FIR and proceedings, therefore, prayed dismissal of the petition.

On perusal of the FIR it is apparent that police had come to know that applicant/accused had illegally transported the liquor in vehicle bearing No. UP.93-275 and put it in possession of co-accused Rajendra, but there is no eye witness available to this effect who saw the present applicant while transporting the liquor to the village in the house belonging to co-accused Rajendra. Similarly, there is also no evidence collected by the: police by which prosecution can prove that from where applicant had purchased the aforesaid liquor for its sale in the village Battisa from where liquor had been seized from the possession of co-accused Rajendra. The name of the: applicant came only on the basis of statement of co-accused Rajendra which is not at all admissible legal evidence against the applicant, on which basis he can be found guilty for illegal transportation of the liquor concerned and thus, in view of the aforesaid facts of the case, this is the case wherein no connecting link or evidence is available against the applicant, on which basis, he can be found guilty for illegal transportation of the liquor or for its possession and in view of that, the institution of the proceedings against the applicant is clearly abuse of process of law and for this, this Court is empowered to quash the proceedings pending against the applicant.

Resultantly, this petition) is allowed and the case registered against the applicant by police Ganjbasouda in Crime No. 489/07 for the offence U/ Sec. 34(1)(a) and 59 of M.P. Excise Act and consequential proceeding against the applicant is hereby quashed. It is made clear that the trial Court may proceed against the co-accused Rajendra and Deepak from whose possession the police had seized liquor concerned according to law.