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CR.MA/11969/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11969 of 2009
=============================================
AMITBHAI
HIRABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
NK MAJMUDAR for Applicant(s) : 1,
MR SHIVANG J SHUKLA APP for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/04/2010
ORAL
ORDER
This
application under Section 482 of the Code of Criminal Procedure, 1973
is preferred by the original accused No.3 against whom FIR came to be
registered being Prohibition Case No.5176 of 2009 with Danilimda
Police Station, Ahmedabad for the offences under Sections 66(1)(B),
65(A)(E), 116(B), 81 of the Prohibition Act.
Learned
advocate for the applicant submits that in view of leave and licence
agreement the applicant had only handed over possession of the
premises to lessee and they were found to be in the business of
illicit liquor prohibited under the Prohibition Act, and therefore,
the impugned complaint deserves to be quashed and set aside.
Heard
Mr.Shivang Shukla, learned APP, for respondent-State of Gujarat.
Having
learned advocates for the parties and upon perusal of the record,
this Court noticed that co-accused have already stated that the
contraband viz. prohibited liquor was stored in the premises at the
instance of the applicant herein, and therefore, at this stage, it
cannot be said that the FIR filed does not disclose offences qua the
applicant.
No
case is made out to exercise powers under Section 482 of the Code of
Criminal Procedure.
[Anant
S. Dave, J.]
*pvv
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