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2007 Supreme(Guj) 452

M.R.SHAH
KAILASH GOVINDRAM RATHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: ADIL R.MIRZA, ANIL S.DAVE, H.S.Muliya, M.R.MENGDEY, R.C.KODEKAR

M. R. SHAH, J.

( 1 ) MR. Adil Mirza, learned Advocate appearing on behalf of the applicants in criminal Misc. Application No. 2026 of 2007 does not press the present application qua the applicant No. 1 and restricts the application for applicant Nos. 2 and 3 only. Permission is accordingly granted.

( 2 ) AS common question of law and facts arise in this group of petitions, they are being disposed of by this common judgment and order. In all the cases different criminal complainants are filed with different Police stations against the respective applicants -original accused for the offences punishable under Sections 66 (B), 65 (a) (e), 81, 43 read with Section 116 (2) of the Bombay prohibition Act, 1949. It is to be noted that by and large in all the cases huge quantity of English liquor has been recovered from the persons who were transporting the same from various places out of State of Gujarat to the State of Gujarat and by and large in all the cases accused who were already arrested are Drivers, Cleaners etc. At the time of recording the statement and/or filing the complaint itself names of respective applicants are disclosed by the accused who were already arrested and the alle













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