The exercise of power under Section 482 of Cr. P.C. is an exception and should be used to prevent abuse of the process of the Court but not to stifle legitimate prosecution.

JUDGMENT

Shrikant D. Kulkarni, J. - Rule. Rule made returnable forthwith. By consent, heard both sides for fnal disposal.

2. The applicant/the District Health Officer, Aurangabad is seeking relief to quash the First Information Report registered against him vide No.0158/2020 at Badnapur Police Station, District Jalna, by taking aid of section 482 of the Criminal Procedure Code.

3. The factual scenario giving rise to this application, in short, is as under:

4. According to the applicant, he is working as District Health Officer with Zilla Parishad, Aurangabad. On 18.04.2020, he was on duty to fght against Covid-19 pandemic and had planned to visit spots for inspection. The applicant's father is an agriculturist who has received an amount of Rs.6,50,000/- in cash towards sale proceeds of agricultural produce. The father of the applicant has kept that amount of Rs.6,50,000/- with the applicant. His father has informed him to handover that amount to one Mr Shivaji Shoudar in relation to purchase of agricultural land. It was planned to meet father at check post coming from other side and handover things to him. The applicant has valid licence to purchase, carry and consume liquor, issued by the State Excise Department. The applicant can carry 12 units of foreign liquor in view of the conditions mentioned in the said licence.

5. On 18.04.2020, the applicant left his house for duty with an amount of Rs.6,50,000/- and two units of foreign liquor. He had planned to handover the said amount and foreign liquor units to his father at the check post on Aurangabad-Jalna Highway. The applicant's father was arriving at the check post so as to collect the cash amount and liquor units. The applicant's father has also valid licence to purchase, carry and consume the liquor.

6. According to the applicant, there is marital discord between the applicant and his wife. His wife, who had fled divorce proceedings, gave tip to the police that a Car is coming with an amount of Havala. The applicant reached the check post near Noor Hospital on Jalna-Aurangabad Highway by his private Car bearing Registration No. MH-20 CU-0353. His driver was driving the said Car. The Car of the applicant was intercepted at the check post within the jurisdiction of Badnapur Police Station, Dist. Jalna. The police Officer took search of the Car of the applicant and found cash amount of Rs.6,70,000/- and two units of foreign liquor. The applicant had informed the Police Officer on duty at check post that he was on duty as District Health Officer, Zilla Parishad Aurangabad and he had intended to visit certain spots regarding presence of health workers appointed by him for Covid-19 pendemic. The applicant had also informed to the police Officer that the said amount belongs to his father and his father was just arriving to collect the amount and two units of the foreign liquor. Cash amount and two units of foreign liquor came to be seized by the police ofcials and registered First Information Report being Crime No. 0158/2020 against the applicant under section 188 of the Indian Penal Code, Section 124 of the Maharashtra Police Act, 1951, Section 65(a) and 65(e) of the Maharashtra Prohibition Act, 1949 and section 51(b) of the Disaster Management Act, 2005 with Badnapur Police Station, District Jalna.

7. According to the applicant, he was on duty and travelling to supervise the work of health workers in the pandemic situation. As such, no permission was necessary. He had not crossed check post. He had given explanation about the cash amount of Rs.6,50,000/- and possession of two units of foreign liquor in view of licence issued by the State Excise Department. Even then, the police ofcials had initiated criminal action against him.

8. In the above background, the applicant has rushed to this Court and prayed to quash the First information report registered against him.

9. Heard Mr. Sambhaji Tope, learned Advocate for the applicant and Mr. Avinash Deshmuksh, learned A.P.P. for the r