Sanjeev Prakash Sharma, J. - (1.) On 5.11.2020, this Court has passed the following order in SB Criminal Misc. Petition No.5345/2020, Surendra Solankl Versus State of Rajasthan and others and other connected matters:- "In S.B. Criminal Mics. Petition No.5345/2020: Counsel for the petitioner submits that the petitioner is shareholder of the factory producing IMFL liquor with due licence at Bhiwadi in the name of Golden Bottling Ltd. Company. The FIR has been registered by the police alleging that the Golden Bottling Ltd. Company was manufacturing IMFL liquor under the guise of manufacturing country made liquor and registered a case under Section 14, 16, 19 and 54 of the Rajasthan Excise Act and also registered a case under Section 308 IPC on the premises that the boxes did not contain message that liquor is harmful for health and on the said basis the petitioner was arrested.
(2.) Learned counsel submits that at the same time the Excise Inspector has also visited the site and he only found a case of offence under Section 58-C of the Excise Act against the Company which is bailable offence and only a fine can be imposed under Section 58-C to the extent of Rs.5,000/-.
(3.) Learned counsel has further taken this Court to the license issued to Golden Bottling Ltd. Company for IMFL liquor as well as country liquor and submits that bottling process was continuing at the time of inspection and there was no transport of the liquor from the site and therefore, there was no occasion for the police authorities to register a case against the petitioner and it is at the behest of the local liquor mafiya that the FIR has been registered and the petitioner has been arrested without any reason. Learned counsel for the petitioner also submits that neither any notice under Section 41 was given to the petitioner nor due process was followed and several police personnels entered into petitioner's house and arrested him illegally.;