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2021 Supreme(MP) 783

ANAND PATHAK
NIKUNJ SHIVHARE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER : – The present petition is preferred under section 482 of Code of Criminal Procedure, 1973 for quashment of FIR/charge-sheet preferred against the petitioner for alleged offence under section 34(2) of Madhya Pradesh Excise Act 1915 (hereinafter referred to as “the Act”).

2. It is the submission of learned counsel for the petitioner that on 20-2-2020 premises situate in the house of Sankalp Kushwah was raided by the officers of Excise Department wherein Prashant Shivhare was found with 815 cartons of liquor and case under section 34(2) of the Act was registered. It was the statement of Prashant Shivhare that Nikunj Shivhare (present petitioner) is his owner and is having licence and he is only manager of Nikunj Shivhare. It is further stated that no permit was obtained from the authorities, however, on 24-2-2020 a proved certificate of employee has been seized from the office of Assistant Excise Officer. After registration of offence, charge-sheet has been filed, therefore, petitioner has preferred this petition taking exception to the charge-sheet and consequential proceedings.

3. It is the submission of learned counsel for the petitioner that present petitioner is FL1 licen

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