JUDGEMENT
Ravi Krishan Kapur, J. -
(1.)This is an application under Section 482 of the Code of Criminal Procedure 1973 ("the Code") for quashing of proceedings pending before the Learned Chief Judicial Magistrate at Port Blair in Cr. Case No.8 of 2018 connected with FIR No.08 of 2019 under Regulation 32 of the Andaman and Nicobar Island Excise Regulation Act 1876 and Section 406 read with Section 34 of the Indian Penal Code.
(2.)At the outset, it is necessary to appreciate the facts which culminated in the filing of the aforementioned FIR. It is alleged that, the complainant was in possession of two separate premises, where he was running two separate bars namely Hotel Shalimar and Haddo Point Bar and Restaurant respectively. In March 2018, G. Mohan Das (the accused) requested the complainant to hand over possession of the aforesaid two hotels to the accused. It is further alleged in the complaint, that pursuant to negotiations, it was agreed by and between the complainant and the accused, that the complainant would give the accused possession of the said two hotels and the accused would permit the complainant to clear the stocks of liquor which had been purchased by the complainant and were lying in the aforesaid two hotels.
(3.)Pursuant to the aforesaid, the parties also entered into a written agreement. It is alleged that on 31 March, 2013 the accused forcibly took possession of both the bars and restaurants. The licences in respect of the said bars were renewed on 5 April, 2018, in the name of the complainant. However, the accused operated the bars and sold the liquor which had been purchased by the complainant from both the bars between 5 April, 2018 to 21 April, 2018. On 21 April, 2018, the licences in favour of the complainant was cancelled. The complainant thereafter approached the Deputy Commissioner and requested him to direct the accused to handover the pending stocks of liquor to the complainant. Notwithstanding repeated requests, the accused refused to hand over the stocks of liquor lying in the said two bars to the complainant. It is also alleged in the complaint that the accused has no bar licence and continued to hold huge quantities of liquor belonging to the complaint. In keeping such huge quantities of liquor in both the hotels, the accused had not only violated the provisions of Excise Rules and Regulations but had also committed offences under Regulation 32 of Andaman and Nicobar Excise Regulation of 1876. In the aforesaid background, the complainant requested the police authorities to initiate appropriate action on the basis of the complaint. However, no FIR was initiated by the police authorities on such complaint.
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