Heard Mr.Chintan Popat, learned advocate for the applicant and Mr.Raval, learned APP for the respondent - State.
Mr.Popat, learned advocate for the applicant submitted that the FIR was lodged disclosing the offences punishable under Sections 66B, 65AE, 81, 116B of the Bombay Prohibition Act, whereby as accused, three names were referred, namely, Mafaji Sankadaji Dabhi, Kalusing Goswami and Nagdan Gadhvi. It is submitted that in the FIR, the name of the applicant was not disclosed. It is further submitted that the alleged offence took place on 7.4.2010, wherein the complainant - police officer found one abandoned car, and from the car, illicit liquor came to be found. My attention was drawn to page 16, which is an application filed by the investigating police officer in the Court of learned JMFC, Babra on 3.4.2011, wherein it was requested for the police remand of accused Nagdan and it has further been stated in said application that through the statement of Nagdan, name of one Shailesh is traced out as having been involved in this offence in capacity as alleged supplier of the liquor. Mr.Popat, learned advocate for the applicant, therefore, submitted that the investigating police officer, therefore, intends to book the applicant on the basis of statement of co-accused. However, Mr.Popat, learned advocate for the applicant submitted that no chargesheet is filed in this case.
Heard Mr.Raval, learned APP for the respondent - State.
As revealed during the course of arguments that in the instant matter, the investigation is not concluded and chargesheet is not filed, this Court is of the opinion that it cannot be said that the evidence that is collected till date by the police is only the statement of co-accused. The investigation is in progress and on the basis of statement of co-accused, the police will further investigate the matter, and ultimately, if any evidence, which is admissible in the eye of law, is collected, then police officer may take necessary action. But, at this stage, when the investigation is pending, it cannot be said that the investigating police officer intends to involve the applicant, solely on the basis of statement of co-accused.
In above view of the matter, the instant application at this stage deserves to be dismissed, reserving the liberty of the applicant to move appropriate forum for appropriate relief in future, in case of any difficulty.
(J.C.UPADHYAYA, J.) (binoy) Top