- (1.) The instant miscellaneous petition has been preferred by the petitioner seeking quashing of the criminal proceedings arising out of the FIR No.20/2011 registered at the Police Station, Baap, district Jodhpur for the offence under Section 16/54 of the Rajasthan Excise Act and the proceedings subsequent to filing of the charge-sheet.
(2.) Succinctly stated, the facts of the case, relevant and necessary for disposal of the present miscellaneous petition, are that Shri Rajeev Bhadu, Station House Officer, Police Station, Baap, district Jodhpur, received an information from the sourceinformer that Bheru Singh S/o Pep Singh R/o Badi Seed, Police Station, Baap, district Jodhpur the present petitioner) has used an abandoned field for the purposes of manufacture of illicit liquor by using spirit and that he had concealed a tanker full of spirit beneath the soil. On receiving the said information, the Station House Officer initiated search proceedings at the outskirts of village Badi Seed. He saw an elevated portion in the field, which on being dug open, was found to be having a tanker buried under the soil. The tanker, on being dug out from the land, was found containing liquid smelling like spirit and was bearing registration No.MP 09-HE-5194 and was having the name "Heera Tanker Corporation" printed on it. Spirit measuring about 1200-1500 litres was found in the tanker. It is alleged that the search of the petitioner was undertaken but he was not found anywhere near the village. On the basis of the recovery, a case under Section 16/54 of the Rajasthan Excise Act was registered being FIR No.20/2011 at the Police Station, Baap and the samples were taken from the recovered contraband and thereafter the investigation commenced. On an inquiry made from the "Halka" Patwari about the ownership of the land in question, he informed that the land in question was a "GairMumkin" government land bearing Khasra No. 113 of village Badi Seed. On the conclusion of the investigation, the police filed a charge-sheet against the accused-petitioner for the offence under Section 16/54 of the Rajasthan Excise Act, which has been assailed and impugned by way of the instant miscellaneous petition.
(3.) Learned counsel for the petitioner, assailing the charge-sheet and all the subsequent proceedings, sought to be taken against the petitioner in this matter, submitted that the charge-sheet ex facie does not disclose any reason or justification to prosecute the petitioner in this matter. He submitted that whole of the charge-sheet does not disclose any cause of action whatsoever against the petitioner because neither the land in question is that of the petitioner, nor there is any evidence on record to show that the petitioner was using or having possessed the said portion of land. He further submitted that no link whatsoever has been established in relation to the petitioner being in possession or control of the tanker in question; thus he prayed that the charge-sheet impugned deserves to be quashed.;