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HASMUKH D. SUTHAR
Amod Anil Bhave – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat. With the consent of learned Counsel appearing for respective parties, present petition is taken up for final hearing today.
2. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has prayed to quash and set aside the proceedings of Criminal Case No.63 of 2024 pending before the learned Magistrate, Sanand arising out of charge-sheet filed in connection with FIR being CR No.11192015231106 of 2023 registered with Changodar Police Station, Ahmedabad (Rural) for the offences under Sections 67A, 65(e) and 81 of the Prohibition Act.
3. The brief facts necessary for adjudication of the present petition are as under:
3.1 Pursuant to a Janva Jog Entry No.39 of 2023 dated 07.08.2023, impugned FIR came to be filed on 25.11.2023 alleging that 55 bottles of ‘Sunindra Asav-Arishtha’ and 49 bottles of ‘Stone Heal Ayurvedic Proprietary Medicine’ were seized and sent for FSL analysis. The FSL report opines that bottles of ‘Sunindra Asav-Arishtha’ contain alcohol upto 14.48% and bottles of ‘Stone Hea
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