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2019 Supreme(MP) 440

PRAKASH SHRIVASTAVA
Lokesh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunil Kumar Yadav.
For the Respondent: H.Y. Mehta.

JUDGMENT :

PRAKASH SHRIVASTAVA, J.

1. Heard finally with consent.

2. By this petition under section 482 of the Criminal Procedure Code, the petitioner has challenged the order dated 26-5-2017 framing charge of offence under sections 34(2), 41 and 42 of the M.P. Excise Act passed by the Addl. Chief Judicial Magistrate, Javad as also the order dated 30th July, 2018 passed by the learned Addl. Sessions Judge dismissing the revision petition.

3. Vide order dated 26-5-2017 charge has been framed against the petitioner that on 27-2-2014 about 15:30’o clock the petitioner was found in possession of 423 boxes having more than 50 bulk ltr. of illicit liquor without license, therefore, he had committed the aforesaid offences under the Excise Act.

4. Prosecution story is that on 27-2-2014 on the basis of intimation received from the informant at 3.30 PM, in front of Vikram Mines 523 boxes containing more than 50 bulk ltr. of illicit liquor was seized from the possession of co-accused Azam Ali and Gopal Rawat from the dumper and they had informed that the liquor was ordered by the present petitioner and accordingly the challan was filed and the petitioner has been charged with the aforesaid offence

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