ORDER

This petition has been filed under Section 482 of Cr.P.C. for quashment of FIR dated 30.10.2023 arising out of Crime No.868/2023 registered at Police Station Dhamnod District Dhar as well as the subsequent proceedings pending before the trial Court under Section 34(2) & 46 of M.P. Excise Act.

2. As per the prosecution story, the respondent/police station has received an information regarding transportation of illegal liquor. Acting upon the said information, the police intercepted the vehicle bearing registration No.HR.67.D.9279 which was going towards Manpur. On being searched 3006 bulk liters of liquor was seized. When the police party asked about the license, the driver of the vehicle has not given satisfactory documents, hence, the case was registered under Section 34(2) and 46 of M.P. Excise Act.

3. Learned counsel for the petitioner submits that the petitioner was carrying out the duty paid liquor and a permit for the same was issued on 12.10.2023 by Dy. Excise and Taxation Commissioner, Govt. of Haryana in favour of M/s Piccadily Agro Inds. Ltd. It is further submitted that in the said license i.e. form No.D-20A issued by Govt. of Haryana the name of Driver is mentioned as Inderjeet who has already been granted bail by this Court and the vehicle number bearing registration No.HR.67.D.9279, therefore, there was nothing illegal in the said truck and the liquor was licensee. It is also submitted that earlier, vide order dated 22.04.2024, the Court has directed the counsel for the State to verify the permit from the concerned department and now, a report has duly been filed on behalf of the State and the permit dated 12.10.2023 issued by Dy. Excise and Taxation Commissioner, Govt. of Haryana in favour of M/s Piccadily Agro Inds. Ltd. has already been verified by the Govt. Advocate. It is also submitted that the allegations against the petitioner is only that the petitioner/driver was carrying the permit having some overwriting. The overwriting on the said permit has duly been accepted by the cornered authorities. Hence, i n view of the aforesaid, the FIR registered against the petitioner is liable to be quahsed.

4. In support of his contention, counsel for the petitioner placed reliance over the judgment of this Court passed in M CRC No.569/2024 [Saddam Kha vs. State of M.P.] decided on 15.03.2024 whereby this Court in the similar facts and circumstances, has quahshed the FIR registered under Section 34(2) and 39-A of MP Excuse Act even after having the valid permits.

5. On the other hand, counsel for the State has opposed the prayer b y submitting that huge amount of liquor has been recovered from possession of the petitioner and the petitioner was breaching the route as mentioned in the permits issued for the liquor. It is also submitted that the document/permit seized from the the petitioner was having overwriting due to which the FIR was lodged . However, he has fairly admitted that the said liquor was duty paid liquor and the overwriting on the permit is already been verified by concerning authority i.e. Dy. Excise & Taxation Commissioner (Excise) Karnal Haryana.

6. I have heard the counsel for the parties and perused the record.

7. From the face of record, it is clear that earlier, vide order dated

22.04.2024, counsel for the State was directed to verify the document/permit (AnneuxreA/2 i.e. permit dated 12.10.2023) filed by the petitioner. Pursuance to the aforesaid order, the investigating officer concerned was also directed to appear before this Court on 22.04.2024.

8 . During the course of arguments, Counsel for the state has submitted a report dated 14.03.2024 which was sent by Dy. Excise & Taxation Commissioner (Excise) Karnal Haryana to The Assistant Excise Commissioner, District Dhar M.P. whereby, it has duly been verified that the document/permit dated 12.10.2023 was issued by Dy. Excise and Taxation Commissioner, Karnal Govt. of Haryana in favour of M/s Piccadily Agro Inds. Ltd.

9.