Business,R/o-Vidya Nagar, Shevgaon,Taluka-Pathardi, District-Ahmednagar v. 1) The State of Maharashtra, Through State Excise Department, Udgir, District-Latur,2) J.R. Pawar, Age-36
Case Details
cria-3586.23+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO.3586 OF 2023Vishal s/o Dattatray Palve,Age-32 years, Occu:Business,R/o-Vidya Nagar, Shevgaon,Taluka-Pathardi, District-Ahmednagar ...APPLICANT VERSUS 1) The State of Maharashtra, Through State Excise Department, Udgir, District-Latur,2) J.R. Pawar, Age-36 years, Occu:Service As a Constable, State Excise, Udgir-A, District-Latur. ...RESPONDENTS WITH CRIMINAL APPLICATION NO.3589 OF 20231) Vishal s/o Dattatray Palve, Age-32 years, Occu:Business, R/o-Vidya Nagar, Shevgaon, Taluka-Pathardi, District-Ahmednagar,2) Ujwala W/o Nandkumar Munde, Age-37 years, Occu:Household, R/o-Shriram Colony, Datta Nagar, Shevgaon, Taluka-Pathardi, District-Ahmednagar. ...APPLICANTS VERSUS
Legal Reasoning
cria-3586.23+21) The State of Maharashtra, Through State Excise Department, Udgir, District-Latur,2) J.R. Pawar, Age-36 years, Occu:Service As a Constable, State Excise, Udgir-A, District-Latur. ...RESPONDENTS ... Mr. Amol Chate Advocate h/f. Mr. A.K. Tiwari Advocate for Applicants in both Applications. Mr. A.R. Kale, Additional P.P. for Respondent Nos.1 and 2 in both Applications. ... CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ. DATE : 25th JUNE, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :1.Criminal Application No.3586 of 2023 has been filed forquashing the proceedings in R.C.C. No.115 of 2023 pendingbefore the learned Judicial Magistrate First Class, Chakur,District-Latur, arising out of the First Information Report (forshort “the FIR”) vide Crime No. 64 of 2022, registered with StateExcise Department by the Office of Inspector of State Excise,Udgir-A, District Latur, on 5th April 2022, for the offence cria-3586.23+3punishable under Sections 65(f), 81, 83, 86, 90 of theMaharashtra Prohibition Act.2.Criminal Application No.3589 of 2023 has been filed forquashing the proceedings in R.C.C. No.15 of 2023, pendingbefore the learned Judicial Magistrate First Class, Ahmedpur,District-Latur, arising out of the FIR vide Crime No. 65 of 2022,registered with State Excise Department by the Office ofInspector of State Excise, Udgir-A, District Latur, on 5th April2022, for the offence punishable under Sections 65(f), 81, 83,86, 90 of the Maharashtra Prohibition Act.3.Since both the Applications arises out of the same matter,they are taken up together.4.Heard learned Advocate Mr. Chate holding for learnedAdvocate Mr. Tiwari for the applicants and learned APP Mr. Kalefor respondents. 5.Learned Advocate appearing for the applicants in both theApplications has taken us through the charge-sheet including theFIR and submits that the contents of the FIR will not disclose cria-3586.23+4even prima facie offence that is committed as per the sectionsstated in the FIR and the charge-sheet. In both the matters,what has been seized is the material in the form of caps, mono-cartoons, labels, folders and empty bottles etc. Nobody waspresent wherein it can be said that anybody would have beenaffected due to the material. The applicant Vishal Palve washolding FL-I license in partnership at Maliwadi, Taluka-Ahmedpur.The partnership firm was M/s. Rishikesh Liquors. One ShriniwasRayalu contacted the applicant Vishal in June 2021 and told himthat he want to shift their Bio Liquor Distillery at Solapur andwants to store scrap material in the godown of Rishikesh Liquors.In December 2021 the entire liquor stock was sold. As thebusiness was in loss from 2022-2023, the FL-I License was notrenewed. The copies of E-way bill and tax invoices were providedby Shriniwas Rayalu. The premises were belonging to one RahulGhatol. Therefore, the ingredients of Section 65(f) of theMaharashtra Prohibition Act are not at all attracted. There wasno question of conspiracy. The articles were transported fromGoa to Latur District and there was E-way bill and tax invoicewas also there and costing of the said material wasRs.10,22,613/-. The applicant has paid the Goods and ServicesTax (GST) for the same, therefore, there was no question of cria-3586.23+5illegality involved in the same. The applicants Vishal Palve andUjwala Munde are residents of Pathardi Taluka, AhmednagarDistrict, who were one of the partners in Rishikesh Liquors. Theyhave no knowledge about what was stored in the godown. 6.Learned APP strongly opposes the Applications and submitsthat the articles worth Rs.24,76,869/- have been seized from thespot. The material was to be used then for manufacturing illicitliquor or was to be mis-branded and therefore, the trial isnecessary. 7.Section 65 of the Maharashtra Prohibition Act provides forpenalty for illegal import etc. of intoxicant or hemp. Any personin contravention of the provisions of the Act or any rule,regulation or order made or of any license, pass, permit orauthorisation granted thereunder, [for offence under subsection(f)], uses, keeps or has in his possession any materials, stillutensils, implements or apparatus for the purpose ofmanufacturing any intoxicant (other than opium), would bemade punishable, which may be extended to five years. Now, ifwe consider the contents of both the FIR as well as the spotpanchnama, it can be seen that there was absolutely no materiallying there which can be used for the purpose of manufacturing cria-3586.23+6any intoxicant. What has been found is the caps of red and greencolour having different brands, mono-cartoons single piece units,labels of different brands, empty cartoon folders and two typesof glass bottles. Without there being any manufacturingmaterial, it cannot be stated that the seized articles would havebeen used for manufacturing of any intoxicant. Even the word“uses” presupposes some substance in the material seized,because the Legislature has not intended it to be used as “couldbe used or capable of using”. At the most the material that hasbeen seized could have been used in storing the intoxicant,which is not covered in Section 65(f) of the MaharashtraProhibition Act. 8.Section 81 of the Maharashtra Prohibition Act deals withpenalty for attempts or abetment. Here the main offence is alsonot made out and therefore, the question of attempt orabetment cannot get attracted. Section 83 of the Act prescribespenalty of conspiracy. Here it is to be noted that in CriminalApplication No.3586 of 2023 it has been stated in the FIR thatthe raiding party has stated that the information was receivedthat the illicit liquor is being manufactured in the closedpremises behind theater which is behind Mayuri Bar which was cria-3586.23+7closed. In Criminal Application No.3589 of 2023 it has beenstated in the FIR that the raiding party has stated that theinformation was received that the illicit liquor is beingmanufactured in the closed premises of Rishikesh Liquors. Twopanchas and raiding party went at the respective spots. Nobodywas present there and in fact they had broke open the lock andentered the premises. They could then found out the saidmaterial at that place. Now, there was no question of conspiracyand it was between whom has also not been clarified by theprosecution.9.Section 86 of the Maharashtra Prohibition Act deals with forpenalty for allowing any premises to be used for purpose ofcommitting an offence under the Act. However, As aforesaid, nooffence is being transpired. Even Section 90 of the MaharashtraProhibition Act has been invoked, which is in fact the residuaryprovision, which provides penalty for offences not otherwiseprovided for. Basically it requires that there has to be an offence.Here, mere recovery of those articles from the spot will not be apresumption that the said material was used for any illicitactivities. Further, the E-way bills are forming part of the charge-sheet. There appears to be no investigation in respect of the said cria-3586.23+8E-way bills. When G.S.T. is paid for the said material, it cannotbe said that there is any illegality in procuring the said materialor it cannot be stated that the said material was to be used forcommitting any offence and therefore, the case is made out forquashing the FIR and the proceedings. Hence, we pass followingorder:- O R D E R(I)Both the Applications stand allowed.(II)The proceedings in R.C.C. No.115 of 2023pending before the learned Judicial Magistrate FirstClass, Chakur, District-Latur, arising out of the FirstInformation Report vide Crime No. 64 of 2022,registered with State Excise Department by theOffice of Inspector of State Excise, Udgir-A, DistrictLatur, on 5th April 2022, for the offence punishableunder Sections 65(f), 81, 83, 86, 90 of theMaharashtra Prohibition Act, stands quashed andset aside as against applicant in CriminalApplication No.3586 of 2023 i.e. - Vishal S/oDattatraya Palve.(III)The proceedings in R.C.C. No.15 of 2023,pending before the learned Judicial Magistrate FirstClass, Ahmedpur, District-Latur, arising out of theFirst Information Report vide Crime No. 65 of
Legal Reasoning
cria-3586.23+92022, registered with State Excise Department bythe Office of Inspector of State Excise, Udgir-A,District Latur, on 5th April 2022, for the offencepunishable under Sections 65(f), 81, 83, 86, 90 ofthe Maharashtra Prohibition Act, stands quashedand set aside as against the applicants in CriminalApplication No.3589 of 2023, i.e. - 1) Vishal s/oDattatray Palve and 2) Ujwala W/o NandkumarMunde. [SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/JULY25