1. Heard finally.

2. This petition under section 482 of CrPC has been filed for quashing the FIR in Crime No.164/2016 registered by Police Station Dimni, District Morena under section 34 of M.P. Excise Act as well as the charge sheet and cognizance taken by the Magistrate.

3. The brief facts of the case are that on 31.7.2016, an information was received that in village Navali, Bhairo Singh Tomar is selling illegal country made liquor. On the information of the informant, when the police team reached at the spot, one person was found sitting on the platform. On interrogation, he disclosed his name as Bhairo Singh Son of Kaptan Singh Tomar, resident of Navali. On search of the cartoon, 22 quarters of illegal country made liquor were found. On asking about the licence, no licence could be produced. The accused was arrested and FIR was registered against him.

4. It is submitted by the counsel for the applicant that the Court could not have taken cognizance in view of section 61 of Excise Act and also there is no admissible evidence against the applicant.

5. Per contra, it is submitted by the counsel for the State that charge sheet has been filed, therefore, the defence of the applic