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2025 Supreme(Guj) 862

HIGH COURT OF GUJARAT
J.C. DOSHI
Arif Amirmiya Pirjada – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhavin S. Raiyani
For the Respondent: Manan Mehta

ORDER :

J. C. DOSHI, J.

1. Both the applications are arising from same FIR, therefore, they are disposed of by this common order.

2. By way of this applications under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being No.C.R.No.III-594 of 2019 registered with Khambholiya Police Station, Devbhumi Dwarka for the offences under Sections 65(E), 98(2), 81 and 83 of the Prohibition Act and all the consequential proceedings arising therefrom.

3. Facts of the case are as under :-

3.1. On 29.08.2019, PSI of Khambholiya Police Station along with other police constable getting secret information and came to know that one Rajasthan passing truck will come from Jamnagar side, and accused nos.2 and 3 are doing illegal business of liquor in partnership. The truck was intercepted by police personal and raid was carried and cleaner was arrested with liqour and on the basis of his statement, name of present petitioners is disclosed. Hence, FIR is lodged.

4. Heard learned advocates for the parties.

5. Learned advocate for the petitioners submitted that it is stated in the complaint that truck loaded with liquor was coming from Rajasthan and a

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