Sant Ram vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 148

AJAY MOHAN GOEL
Sant Ram – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Ajay Kochhar, Vivek Sharma.
For the Respondents: Jitender Sharma, Baldev Negi, Pushpender Jaswal, Gautam Sood.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this petition, filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following reliefs:

“It is, therefore, most respectfully prayed that this petition may kindly be allowed and FIR No. 5/2020 dated 8.6.2020 registered at Police Station SV & ACB Una under Section 39 (1) (a) and 39 (2) of H.P. Excise Act kindly be quashed as against the petitioner along with all consequential proceedings pending in the Court of learned JMFC-III, Una arising out of aforesaid FIR in the interest of justice and fair play.”

2. Brief facts necessary for the adjudication of the present petition are that an FIR was registered, copy whereof is appended with the petition as Annexure P1, at the behest of Sub Inspector Jasbeer Chand, State Vigilance and Anti Corruption Bureau, at Police Station State Vigilance, Una, dated 08.06.2020, under Section 39 (1) (a) and 39 (2) of the H.P. Excise Act, on the facts that an information stood received by the complainant that M/s A One Enterprises and M/s MARS Bottlers were illegally transporting the liquor bottles of country brand i.e. ‘Himachali Santra’ from M/s MARS Bottlers to A One Enterpris

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