SUBHASH NANHALAL GUPTA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of the parties.

(2.) The applicant no.1, who is carrying business under the name and style of M/s. Gupta Paints and Hardware and dealing in purchase, possession, sale of French polish, thinner and other solvents manufactured under the provisions of the Bombay Denatured Spirit Rules,1959 and the Bombay Spirituous Preparations (Manufacturing) Rules, 1955 and applicant no.2, who is an employee of applicant no.1, have approached this Court for quashing and setting aside the First Information Report ("FIR", for short) registered against them. The applicants have sought to invoke the jurisdiction of this Court vested in exercise of its inherent power and have prayed for quashing of CR No.234 of 2015 filed under Section 65(d), 67, 81 and 83 of the Bombay Prohibition Act, 1949.

(3.) The Applicants, who deal with various solvents carries out the business at Shop no.9, S.V. Road, Andheri (West), Mumabi. It is the case of the applicants that the Inspector of State Excise, Flying Squad no.1, visited the premises and foisted the applicants with charges under the Bombay Prohibition Act. The applicants came to be arrested on the date of lodging of FIR on 27th October, 2015 and the goods worth Rs.25,285/- came to be seized. The applicants were subsequently released on bail by the Metropolitan Magistrate.