The court emphasized the importance of valid permits and the need for evidence to support claims of innocence in cases involving illegal transportation of liquor.

JUDGMENT

1. These are the first applications of the petitioners under section 439 of Cr.P.C. in crime No. 660 & 668/2019 registered under section 34(1)(a) and 34(2) of the M.P. Excise Act, 1915 at the Office of the Excise Circle, Badnawar District Dhar.

2. Regard being had to the similitude of the facts involved in both these petitions, they are heard analogously and are being decided by this common order. For the convenience, facts are borrowed from the petition number 52714/2019.

3. According to the prosecution case, on 08.10.2019, Divisional Excise Flying Squad, Division Indore & Dhar received information regarding illegal transportation of India Made Foreign Liquor (IMFL). Acting on this information, a team comprising officials of the Excise department reached on the place pointed out by the informer and barricaded the road at Pitgara Tiraha (trijunction), Badnawar. After waiting for some time, they noticed a truck bearing the same registered number PB- 11-CR-8293 as informed by the informer. They got the truck stopped. Driver, Helper and one other person sitting in the cabin of the truck revealed their names as Jagdish, Harnek and Sushil (petitioners). They further revealed that they were carrying IMFL and going to deliver it in Gujarat through Petlawad, Distt. Jhabua, M.P. On search, 1000 boxes containing 48 quarter bottles of 180 ml each total 48,000 quarter bottles containing 8640 bulk litres IMFL (whiskys) were found in the truck. The bottles were having label of 'Chandigarh Choice Pure Green Whiskey'. On test, the content of the bottles was found liquor. The petitioners could not produce any pass or permit, therefore, they all were taken into custody and the liquor was seized. A case bearing crime No.668/2019 under Section 34(1)(a) and 34(2) MP Excise Act, 1915 was registered.

4. The bail is pleaded on the grounds that the petitioners were transporting the seized liquor with a valid permit issued by Officer Incharge, Excise M/s Symposium Liquors LLP at Gajaraj Beverage Pvt. Ltd. Village Purkhali Distt. Ropar, Punjab. The same were shown to the officials of the department on the spot, but they tore and destroyed them and foisted false case on the petitioners.

5. It is further pleaded that during the investigation, the department issued a letter dated 18.10.2019 to the Managing Director, M/s Symposium Liquors LLP raising some queries. A specific query at point no.8 of this letter was raised as to whether the permit was issued to transport the seized liquor through M.P. and it was replied by letter dated 19.12.2019 positive.

6. The learned counsel drew my attention towards letter dated 22.11.2019 sent by Officer In-charge of M/s Symposium Liquors LLP in reply to the letter sent by the Excise Sub Inspector, Circle Badnawad, District Dhar making it clear that there is no practice in Punjab to mention batch number, other particulars or details of rout or names of intermediate stations/cities in the permit. It was also made clear that in Punjab, it is usual practice to mention only start and end/destination point in the permit.

7. The learned counsel also took me to the statement of Excise Officer, Randhir Singh, who had issued the permit. This officer has admitted in unambiguous language that he had issued the permit and this is a legal and valid permit.

8. It is also averred that the petitioners are 'Driver' and 'Helper' of the truck. They are illiterate persons. They were handed over permit and other document and asked to transport the liquor. Relying on them, they obeyed the direction of their employer. They were not aware about the veracity or legality of the documents handed over to them. Their intention was never to transport illegal liquor. They were transporting liquor under bonafide faith with valid documents. Besides, the Excise department has not made the owner or the persons involved in loading of liquor in the truck from the plant of M/s Symposium Liquors, Purkhedi, Punjab. They have been made scapegots. Theref