Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16982 of 2019 Petitioner :- Mahesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Verma Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Amit Kumar Verma, learned counsel for the petitioners and Mrs. Manju Thakur, learned Additional Government Advocate-I appearing on behalf of the State.
This petition has been filed by the petitioners challenging the FIR dated 09.06.2019 giving rise to Case Crime No. 0086 of 2019, under Section 60(1) 63 U.P. Excise Act & 272 I.P.C., P.S. Shivala Kalan, District Bijnor.
The allegations, as they appear from the first information report, indicate that there is recovery of spurious liquor with urea adding process from the petitioners place. There is also recovery of consignment of branded liquor from the same place but one that was marked with a lable for sale in Harayana only.
The said facts prima facie show that revenues of the State were compromised apart from the fact that it is a case of selling that branded liquor without a licence in the State of U.P..
Learned counsel for the petitioners has argued that the hut from which this recovery has been made does not belong to the petitioners but some one else.
The Court has considered the entire matter.
The contention raised on behalf of the petitioners cannot be gone into by this Court in its jurisdiction under Article 226 of the Constitution of India. The offence disclosed in the F.I.R. involves serious allegation about the manufacturing and selling of spurious liquor as well as selling of branded liquor meant for sale in Harayana only. Accordingly, no case for interference in the impugned F.I.R. is made out.
Writ petition is dismissed.
Order Date :- 21.6.2019 Pkb/