JUDGMENT - GHODESWAR M.B., J.:The petitioner Kailashpati Kedia s/o Mahabir Prasad

Kedia, the Chairman of the business group known as House of Kedia has filed this petition under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report registered vide Crime No. 52/96 on dated 23-2-1996 by the Inspector, Flying Squad No. 1, State Excise Department, Nagpur under sections 65(a), (e), 66(1)(b), 81, 83 108 of the Bombay Prohibition Act, hereinafter for short the Act and under Rule 3(1)(b)(ii) of the Maharashtra Through Transport Rules, 1952.

2. Shortly stated, the facts are as under :

The petitioner company, Kedia Castle Dellon Industries Limited, runs a unit in Kumhari, District Durg (Madhya Pradesh) for manufacture of Indian made Foreign Liquor, for short IMFL, the registered office of which is at 6-B, Express Towers, 42-A, Shakespere Sarani, Calcutta. According to the petitioner, he is the Chairman of House of Kedia which runs various units in India at different places, one of which is at Kumhari, district Durg (M.P.) The 3250 boxes of IMFL were being transported by Satpal Roadways in a consignment consisting of 3 trucks from Kumhari to Port Blair via Nagpur, Solapur, Bangalore and Madras. The accused No. 1 Acchelal Mazi who is a Peon, working with the company at Kumhari has made application on 31-1-1996 to the Superintendent of Excise at Nagpur for permission to stock the consignment at Nagpur, as the time as per passes had expired and he wanted to revalidate the passes for which permission was granted by the Excise Authorities. The excise authorities had noticed that there was contravention of Rule 22 of the Madhya Pradesh Indian made Foreign Liquor Rules made under the Madhya Pradesh Excise Act, 1950, inasmuch as the consignment was not carrying Part II of Export passes in Form FL 21, and therefore, the Excise Authorities has seized the consignment. According to the prosecution, the excise officers received secret information that this IMFL being transported in these consignments was to be sold at Solapur in black. In the meanwhile, the excise department officers at Nagpur contacted the Excise Officers at Port Blair who intimated that fake documents regarding import are export IMFL by Kumhari company to G. Mohandas at Port Blair are created and he sent the relevant document to the officers at Nagpur. On 23-2-1996, first information report is registered vide Crime No. 53/1996 at 22.30 hours in State Excise Office, Flying Squad, Nagpur Division, Nagpur. Accused No. 1 Acchelal was arrested on 23-2-1996 B.M. Puwaiyye, the Deputy Manager of Kumhari Company was arrested on the same day. Subsequently, Dr. Shrivastava, one of the Directors of the company, and G. Mohandas from Port Blair were arrested and other four officers of the Company did surrender before the Chief Judicial Magistrate, Nagpur in this crime and they were released on bail. It is also alleged that the address of the petitioner was sought from Kumhari Company, but it was not made available. According to the prosecution, the telegrams were sent on the available address of the petitioner at Indore, but still petitioner did not reply, nor did make himself available for interrogation. The petitioner had applied for anticipatory bail and the Additional Sessions Judge, Nagpur had granted anticipatory bail to the petitioner on condition that he would report to the Investigating Officer on 27-6-1996.

3. The petitioner in this petition has stated that he is the Chairman of a leading business group known as the House of Kedia and the House of Kedia controls and runs six distilleries spread over various States including the State of Madhya Pradesh i.e. Kumhari, District Durg and the House of Kedia also controls various power plant projects, cement plan projects, beer plant and many more projects in the State of Madhya Pradesh, Rajasthan, Maharashtra and Madras. Kedia Castle Dell

Click Here to Read the rest of this document