JUDGMENT :

1. List revised.

2. Heard Sri Gopal S. Chaturvedi, learned Senior Advocate assisted by Sri Dileep Kumar Pandey, learned counsel for the applicant and Sri Shashi Kant Pandey, learned brief holder for the State of U.P. and perused the records.

3. The present Criminal Misc. Application U/S 482 Cr.P.C. has been filed by the applicant Kunal Chawala with the following prayers:

“It is, therefore Most respectfully prayed that this Hon’ble Court may graciously be pleased to allow this application and quash the Charge Sheet dated 26.02.2022 and cognizance/summoning order dated 28.02.2022 as well as entire proceeding in Case No. 11020 of 2022 (State Vs. Raman Jaiswal and others), under Sections 420, 120-B IPC and Section 60, 63, 72 of U.P. Excise Act, arising out of Case Crime No. 666 of 2021, Police Station-Madhuban Bapudham, District Ghaziabad, pending before the Court of learned Chief Judicial Magistrate, Ghaziabad.

It is further prayed that this Hon’ble Court may graciously be pleased to stay the further proceeding of Case No. 11020 of 2022 (State Vs. Raman Jaiswal and others), under Sections 420, 120-B IPC and Section 60, 63, 72 of U.P. Excise Act, arising out of Case Crime No. 666 of 2021, Police Station-Madhuban Bapudham, District Ghaziabad, pending before the Court of learned Chief Judicial Magistrate, Ghaziabad, during the pendency of the present case, otherwise the applicant shall suffer irreparable loss and injury, and/or may pass such other and further order which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”

4. The prosecution case as per the First Information Report lodged on 30.12.2021 by Smt. Sheelabh Mishra the Excise Inspector, Sector-3, Ghaziabad, the opposite party no.2 under Sections 420, 120-B IPC and Section 60, 63, 72 of U.P. Excise Act, 1910, Police Station-Madhuban Bapudham, District Ghaziabad against the applicant Kunal Chawala, Raman Jaiswal, Ramveer Singh, Sunil Kumar, Lalji Yadav and Vipin Yadav on the basis of a recovery memo of recovery of 4809 cartons and 266 loose bottles of Indian Made Foreign Liquor, arrest of four accused persons and recovery of four vehicles being Truck No. HR 55 X 0004, Truck No. HR 68 C 5032, Ford Ecosport DL 5 CR 468 and Hyundai i-20 UP 16 Z 0006 alleging therein that FIR No. 385 of 2021 was lodged in District Moradabad in which Nagendra Yadav resident of Meerut was apprehended transporting 40 bottles of Indian Made Foreign Liquor. He disclosed that the liquor was brought from the custom godown of Kunal Chawla from Ghaziabad and he supplies it illegally in various Districts in Uttar Pradesh. For the supply, Vipin Yadav who is the person of Kunal Chawla and having mobile No. 8800482499 helps him and by calling on the said number liquor can be called anywhere. On the said information, the District Excise Officer, Ghaziabad under supervision of the first informant along with Excise Inspectors and Enforcement Officers of Excise Department of Meerut formed a team. On the basis of information received from Moradabad on 29.12.2021, the said Officers reached the godown of Kunal Chawla in P.S. Madhuban. The main gate of the godown was open and two trucks were standing inside from which cartons of liquor was being kept inside. Two persons met inside. On asking, they disclosed their names as Raman Jaiswal and Ramveer Singh. On further asking, they disclosed that they were in the said godown for Kunal Chawla and their work is to get the cartons of liquor unloaded and supplied to various places. On asking about Vipin Yadav they refused to tell anything but on checking their mobiles, the number of Vipin Yadav was found in it and their were regular calls on the mobile. On being suspicious, the godown was searched thoroughly. The papers with regards to the material which was being unloaded from the trucks was demanded which could not be shown. The drivers of the truck disclosed their names as Sunil Kumar and Lalji. They also could not show the pa