VIVEK AGARWAL,J. - (1.)Petitioner has filed this petition under section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR registering Crime No. 76/18 of police Station, Dabra Dehat, Distt. Gwalior, for the offence punishable under Section 34(2) of the M.P. Excise Act and the consequential proceedings thereto.
(2.)It is petitioner's contention that petitioner is a excise contractor and partner of partnership firm M/s. Shriram and Company alongwith three other partners, namely Shri Haribabu Shivhare, Shri Sunil Shivhare and Smt. Suman Shivhare, copy of partnership deed is enclosed as Annexure P/2. Petitioner and Shriram and Company through its partner Shri Haribabu Shivhare were granted licence in form C.S.-2 for retail marketing of country-made liquor in sealed bottles vide Annexure P/3 and P/4. Petitioner was authorized to sell such liquor from the shop situated at Bairagarh/Simiariya Tal w.e.f. 1.4.18 to 31.3.2019 and since the whole area of Dabra is within his jurisdiction, therefore, he was authorized to sell liquor even at Kashipur in a loading Bolero, and therefore, there is no breach of terms and conditions of the licence, and therefore, learned counsel prays for quashing of the FIR.
(3.)Learned counsel has placed reliance on the order of this Court in the case of Gajendra Singh Bhadoria v. State of M.P. ) decided on 19.10.16 in M.Cr.C. No. 11870/16 wherein SHO of Police Station Daboh, on receiving information about transportation of illicit liquor, reached the spot with police force and then one person started running after seeing the police force. He was apprehended, his bag was checked and 20 quarters of country-made liquor were found for which he was not having any licence. He disclosed that he had purchased the aforesaid liquor from the Teka of Gajendra Singh Bhadauria (petitioner of that case) at Daboh, Distt. Bhind. He was arrested and FIR was registered against Kallu Rathore and Gajendra Singh Bhadauria. This Court in that case quashed the FIR holding that since the petitioner is having a valid licence he has right to sell the liquor even if it is assumed that co-accused has purchased the liquor seized from his possession, and therefore, prima facie it cannot be said that petitioner has committed any offence under Sections 32 or 54 of the M.P. Excise Act.