JAI DUTT JOSHI vs STATE OF UTTARAKHAND

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(UK) 399

V.K.BIST
JAI DUTT JOSHI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent

Advocates:
For the Appelicant : Mr.V.B.S. Negi, Sr. Adv., assisted by Mr. Amit Kapri, Adv.
For the Respondent: Mr. J.S. Virk, A.G.A.

JUDGMENT :

Hon'ble V.K. Bist, J.

Present Criminal Miscellaneous Application has been filed by the applicant for quashing and setting aside the order dated 14.12.2017 passed by the learned Sessions Judge, Champawat in Criminal Revision No. 41 of 2017, “Jai Dutt Joshi vs. State of Uttarakhand and another" and the order dated 28.11.2017 passed by the Chief Judicial Magistrate, Champawat in Application No. 46 of 2017. Further prayer has been made for a direction to the Police Station-Pati, District Champawat to release the seized liquors of the applicant.

2. The facts, in brief, are that, for the year 2017-2018 (w.e.f. 01.06.2017 to 31.03.2018), applicant was granted licence no. 13 of the composite shop of liquor situated at Bhingrada, District Champawat. He was running business conveniently. On 15.10.2017, applicant submitted an application before the respondent no. 3-District Excise Officer, Champawat for permitting him to use the sub-godown of liquor in the building of one Mr. Raghuvar Singh Kunwar, as there was insufficient place in the shop of the applicant. It is the case of the applicant that, after informing the respondent no. 3, he was orally permitted to use the temporary sub-g

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