1. - Heard learned counsel for the parties.

2. The instant misc. petition has been filed by the petitioners seeking quashing of the proceedings arising out of F.I.R. No. 393/2008 pending in the Court of Additional Chief Judicial Magistrate, Nimbaheda for the offences under Sections 420, 467, 471 and 120B Indian Penal Code and Section 19/54 of the Excise Act.

3. Succinctly stated the facts of the case are that the petitioners are Directors and Manager of the Company named Som Distilleries and Breweries Ltd. which is involved in the manufacture and sale of liquor. The production and distribution of the liquor manufactured by the Company is done under the supervision of the District Excise Officer as per the provisions of Madhya Pradesh Distilleries rules and the Excise Act of the State. All the issuance of liquor etc. from the factory warehouse is monitored by the Excise Officer concerned and each and every consignment of liquor which is passed out from the warehouse is entered in the register maintained by the Excise Officer.

4. A recovery of liquor manufactured by the company was effected by the officers of the Police Station, Nimbaheda on 15.10.2008 from a truck No. NL02-D-4