ORDER

1. Heard finally, with the consent of the parties.

2. This petition has been filed under section 482 of Cr.P.C. for quashing the charge-sheet filed against the petitioners under section 420, 467 and 468 of IPC and section 34(2) of M.P. Excise Act, 1915, in Crime No.251/2019 registered at Police Station Nangalwadi, District- Barwani. A prayer is also made to quash the subsequent proceedings emanating from the aforesaid charge-sheet in S.T. No.25/2020, pending in the Court of Sessions Judge, Barwani.

3. In brief, the facts giving rise to the present petition are that the petitioner No.1/Sakul Hamid is the driver of the vehicle, whereas petitioner No. 2/Ramesh Pullamar is the co-driver, both of whom were apprehended on 2.11.2019, while they were found to be transporting 1541 boxes of liquor, in all, 13,869 bulk litres, in a truck bearing registration No.TN-52-F-4294. It is alleged in the charge-sheet that the petitioners were transporting the aforesaid liquor without proper license and the petitioners were also not able to inform as to who had loaded the liquor in the vehicle and the permit which they were carrying mentioned 1600 cases of liquor, whereas the total number of liquor boxes/cases found in the truck were 1541. During the course of investigation it has also been found that the petitioners did not get the documents stamped on each of the check-posts falling on their route, as it is alleged that they were supposed to travel from Chandigarh to Kerala. Thus, it is alleged that the petitioners have committed the forgery by transporting the liquor illegally and that too with the quantity which was less than the quantity mentioned in the Permit. It is also mentioned in the charge-sheet that from the aforesaid infirmities found in the documents available with the petitioners, lead to only conclusion that they intend to transport the liquor on the same Permit for more than one occasions and since the liquor cases were less than the cases mentioned in the Permit, it has been concluded that the transportation of liquor was different than the one which was mentioned in the Permit and other documents, hence, section 467, 468 and 420 of IPC have also been added. The charge-sheet has been kept open under section 173(8) of Cr.P.C. against the owner of the vehicle Swami S. Krishnamurthy.

4. Counsel for the petitioner has submitted that the petitioners have been falsely implicated in the case which is apparent from the documents filed in the charge-sheet itself. Counsel has further submitted that the both petitioners are only the drivers of the vehicle and were acting on behalf of Kerala State Beverages Corporation (hereinafter referred to as KSBC) and were given a valid Permit dated 17.10.2019, as three import Permits were issued to them by the Deputy Commissioner of Excise, Kerala State Beverages Corporation, Thiruvananthapuram for import of intoxicating liquor from Empire Alcobrev Pvt. Ltd., Chandigarh.

5. Counsel has also drawn the attention of this Court to the requisite passes dated 29.10.2019, issued to the Empire Alcobrev Pvt. Ltd. by the Department of Excise and Taxation, Chandigarh for the purpose of export of liquor to Kerala in which vehicle number, batch number, driver’s license number and driver’s name were also mentioned in the Form D20-A and it was also mentioned in those passes that the consignment shall not be opened in transit. Subsequently, on 29.10.2019 itself, three retail invoices were also generated by the said Empire Alcobrev Pvt. Ltd. in the name of the buyer i.e. KSBC with all the requisite particulars, namely, quantity of liquor, batch number, destination etc. and on the said date only, the consignment was loaded in the said vehicle from the warehouse of Empire Alcobrev Pvt. Ltd. and departed for Kerala, but was apprehended mid way at Nangalwadi, District- Barwani on 2.11.2019, and it was found that