The main legal point established in the judgment is that the transportation of liquor under a valid permit and the absence of batch numbers on some cartoons due to mechanical mistakes were crucial factors in determining the innocence of the petitioners.

1. - This Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 30.6.2009 whereby charges have been framed against the present petitioners for the offence under Section 14/54, 19/54 and 54(A) and Section 69 of Rajasthan Excise Act, 1950 (hereinafter referred to as the Act).

2. The short facts of the case are that Excise Inspector, Circle Bhavani Mandi, Jhalawar has lodged a report that on 17.4.2005 during Nakabandi at Excise Check post, Raipur from Truck No. RJ 14-1G-8092 illicit liquor of 816 cartoons has been recovered. After investigation charge-sheet has been filed as present petitioner No.1 was the driver of the Truck, petitioner No.2 was Khalasi and against petitioner No.3 is the owner of the truck and during trial, the present petitioners have been charged for the offence under Section 14/54, 19/54(A) and 69 of the Act. The order was assailed by way of revision which was dismissed hence this petition.

3. The only contention of the present petitioners is that they were transporting the liquor under a valid permit and seizure memo also says so that permit and biltie have been handed over to Excise Inspector at the spot. The only contention of the prosecution is that some cartoons were not having batch Number for which statement of Rameshwar Dayal Agarwal who is the General Manager of Oasis Distillery Ltd. has been taken who has stated that due to mechanical mistake, on some cartoons batch numbers could not be mentioned and the letter to this effect dated 18.5.2005 has also been communicated by the Oasis Distillery Ltd. that due to mechanical mistakes on some cartoons, batch number could not be marked hence the case of the prosecution liquor was being transported illegally is baseless.

4. The other contention of the present petitioners is that permit has been issued which has been placed as Annex. 2 and 3 in favour of Oasis Distilleries Ltd. and liquor has been transported from Delhi to Badnawar, Dhar, MP and present petitioners were only the transporters and valid permit for export has also been placed as Annex.4 and Annex.5 which contains the permit for 816 total cartoons and batch number are also mentioned in it. Seizure memo also says that on 25 containers only, no batch number has been mentioned. The other allegation against the present petitioners is that in pouches instead of everyday Whiskey Rum was being transported but Forensic Science Laboratory of Excise Department has been placed on record which negatives the above contention. The other contention of the present petitioners is that even the seized liquor has been given in the custody to Oasis Distillery Ltd. looking to the fact that they were having the valid permit

5. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the impugned orders.

6. In view of the above that under the valid permit, the liquor was transported, no prima facie case is made out against the present petitioners as the liquor was being transported under the valid permit and bilty. Reliance has been placed on Yogesh @ Sachin Jagdish Josi v. State of Maharashtra, (2008) 10 SCC 394 ; and P. Vijayan v. State of Kerala & Anr., AIR 2010 SC 663.

7. In view of the above, order of the courts below are per verse and deserves to be set aside. Consequently the petition is allowed. The order dated 30.6.2009 passed by Judicial Magistrate, Pindawa Distt. Jhalawar in Cr. Case No. 63/2006 and order passed in revision dated 19.3.2013 by Special Judge (SC/ST), Jhalawar is quashed and set aside. The present petitioners are discharged for the offence under Section 14/54, 19/54 and 54(A) and Section 69 of Rajasthan Excise Act, 1950.Petition allowed.

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