HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR.

..

S.B. Criminal Misc. (Pet.) No. 236/2020.

Deewan Singh Deora S/o Kishore Sinbgh Deora, aged about 51

years, R/o 203, Star Excellency, Aditya Vihar, Gandhi Path,

Vaishali Nagar, Jaipur. Presently residing at Udaipur (FIR lodged

at P.S. Pindwara, District Sirohi).

----Petitioner

Versus

The State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Manish Shishodia, Sr. Advocate

with Mr. Jaideep Saluja..

For Respondent(s)

:

Mr. S.S. Rajpurohit, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2022

By way of filing of the instant criminal misc. petition,

challenge has been made to the very lodging of the FIR No.

485/2019 registered at Police Station Pindwara, District Sirohi for

offence under Sections 19 and 54 of the Rajasthan Excise Act as

well as the investigation and all consequent proceedings initiated

pursuant thereof.

Bereft of the elaborate details, succinctly stated the facts of

the case are that on 01.11.2019, the team of Police Station,

Pindwara, District Sirohi went to the petitioner’s native village

Chawarli to conduct a raid at the house of the petitioner’s father

Shri Kishore Singh. It is alleged that during the course of

conducting the search in relation to a case of Anti Corruption

(2 of 7)

[CRLMP-236/2020]

against the petitioner, one Shri Narayan Singh, RPS, Additional

Superintendent of Police, ACB informed the Station House Officer

(SHO) regarding presence of bottles of certain quantity of English

wine and beer. It is specifically mentioned in the FIR that the

petitioner was not present in the house. It is claimed that below

mentioned excisable articles were found and seized from the

house.

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Quantity

Name of Brand

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3 Bottles

VAT 69

1 Bottle

GOLKONDA BRANDY

3 Bottles

BLENDERS

1 Bottle

OLD MONK

1 Bottle

CHIVAS REGAL 18 Y O

6 Bottles

CHIVAS REGAL-12

1 Bottle

THE GLENLIVET-15

8 Bottles

BLACK LABEL

1 Bottle

OLD SMUGGLER

1 Bottle

THE GLENLIVET-12

1 Bottle

MCDOWELLS SINGLE

MALT

1 Bottle

SULABRUT

13 Bottles

100 PIPER

2 Bottles

BLACK DOG

4 Bottles

TEACHERS HIGHLAND

CREAM

9 Bottles

TEACHERS-50

3 Bottles

SIGNATURE

1 Bottle

RED LABEL

1 Bottle

SOMETHING

3 Bottles

ROYAL CHALLENGER

1 Bottle

ANTIQUITY

2 Bottles

AC SEKC

3 Bottles

TEACHERS ORIGIN

1 Bottle

MCDOWELL RUM

8 Bottle

PETERSCOTCH

12 Bottles of Beer

TURBO

3 Bottles of Beer

HAYWARDS-2000

1 Bottle of Beer

HAYWARDS-5000

50 Bottles of Beer

KINGFISHER

1 Bottle of Beer

FOSTERS

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The seizure of the aforementioned material was made in the

presence of father of the petitioner. A case under Section 19/54

(3 of 7)

[CRLMP-236/2020]

of the Rajasthan Excise Act was lodged. It is further stated that

after investigation, offence has been found proved against the

accused-petitioner Deewan Singh for the accusation of having in

possession total 79 bottles of Wine and total 67 bottles of Beer in

his house without any permit and only his arrest has remained to

be effected. A duly signed copy of the factual report is also

available on record.

Shri Manish Shishodia, learned Senior Advocate assisted by

Shri Jaideep Saluja submits that it is an admitted case of the

prosecution that the petitioner Deewan Singh Deora was not

present on the spot at the time of alleged recovery made at his

ancestral house in village Chawarli and thus, the recovery of the

alleged Indian Made Foreign Liquor (IMFL) was not effected from

the exclusive and conscious possession of the accused. The

petitioner is a Superintending Mining Engineer, Vigilance (Technical

Assistant to the Director, Mines & Geology) (TA to DMG) and

deployed at the Office of DMG, Udaipur. He was wrongly fr