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BUDI HABUNG
Mingam Karcho, D/o. Shri Tummin Karcho – Appellant
Versus
State of A. P. – Respondent
ORDER :
Budi Habung, J.
Heard Mr. G. Taloh, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State and Mr. T. Gyatso, learned counsel for the respondent No.2.
2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of Itanagar Police Station FIR No.44/2024, under Section 31(1) of the Arunachal Pradesh Excise Act, 1993 and corresponding G.R. Case No.220/2024 in connection with Itanagar Police Station Case No.44/2024, under Section 31(1) of the Arunachal Pradesh Excise Act, 1993.
3. The case of the petitioner is that the Itanagar P.S. Case No.44/2024 was registered on a complaint lodged by the respondent No.2, who is the Assistant Inspector, Tax and Excise (Narcotic), Zone-II Itanagar, Arunachal Pradesh, wherein it was alleged that a team of police and flying squad team conducted checking of wine shop at Chandranagar area on 20.03.2024. And during such exercise, it was discovered that one wine shop, namely, T.G. Tamin Wine shop, whose allotted area at Niti Vihar was running from parsi-parslo complex, Chandranagar; 266954 litres of liquor found in the shop were seized and sealed and base
The Arunachal Pradesh Excise Act, 1993 supersedes the CrPC regarding investigations, prohibiting police from registering FIRs for offences under the Act.
Procedural non-compliance regarding search warrant requirements under the Karnataka Excise Act invalidates arrest and seizure proceedings, necessitating the quashing of the related FIR.
Procedural non-compliance with search warrant requirements under the Karnataka Excise Act vitiates the FIR and subsequent proceedings.
Failure to comply with mandatory provisions regarding search and seizure under the Karnataka Excise Act leads to quashing of FIR and subsequent proceedings.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
The main legal point established in the judgment is the limitation on police powers to register an FIR for offences under Chapter IV of the Drugs and Cosmetics Act, 1940, as specified in Section 32 o....
The court emphasized the importance of substantial compliance with statutory provisions and highlighted the need for determining factual matters in the trial court.
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