Gujarat High Court
CR.MA/6134/1993 of JAGATVIR PRASAD Vs STATE OF GUJARAT on 15 December 2000
HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No 6134 of 1993 For Approval and Signature: Hon'ble MR.JUSTICE H.H.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 6134 of 1993
For Approval and Signature:
Hon'ble MR.JUSTICE H.H.MEHTA
============================================================ 1. Whether Reporters of Local Papers may be allowed : YES
to see the judgements?
2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- JAGATVIR PRASADVersus STATE OF GUJARAT
-------------------------------------------------------------- Appearance: MR RS SANJANWALA for Petitioners PUBLIC PROSECUTOR for Respondent No. 1
-------------------------------------------------------------- CORAM : MR.JUSTICE H.H.MEHTA
Date of decision: 15/12/2000
ORAL JUDGEMENT
The petitioners have by preferring this petition under Section 482 of the Criminal Procedure Code, 1973
challenged the First Information Report bearing Prohibition C.R. No. 158/93 of Kapadwanj Rural Police Station which is at Annexure-"A" with a request to quash
2. When this matter was taken up for final hearing, learned advocate for both the parties jointly submitted that in view of the latest judgment of this Court ( Coram: - A.K. Trivedi, J.) dated 4-12-2000 rendered in Cri. Misc. Application No. 6714/2000 this writ petition be allowed and the impugned F.I.R. which is at Annexure - A be quashed and set aside without assigning any reason in this order of this Court.
3. Having heard the learned advocates for both the parties and on going through the F.I.R. which is at Annexure-A and also on going through the grounds stated in the memo of this petition and more particularly Sections 70A and 81 of the Bombay Prohibition Act, 1949 this Court is of the clear view that when the goods were under transit by passing through the territory of the Gujarat State the offence cannot be said to have been committed by the petitioners.
4. In view of what is stated hereinabove, this writ petition is allowed and the proceedings initiated against the petitioners on the basis of the F.I.R. bearing Prohibition CR No.158/93 of Kapadwanj Rural Police Station which is Annexure-A is quashed and set aside. Rule is made absolute.
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