CR.MA/5838/2001 of BHOMRAJ RUPAJI GURJAR (OZAR) Vs STATE OF GUJARAT on 27 November 2001

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION No 5838 of 2001

For Approval and Signature:

Hon'ble MR.JUSTICE A.L.DAVE

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO 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 -------------------------------------------------------------- BHOMRAJ RUPAJI GURJAR (OZAR)Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Misc.Application No. 5838 of 2001 MR SHAKEEL A QURESHI for Petitioners No. 1-2 Mr.V.M.Pancholi, Asst.PUBLIC PROSECUTOR for Respondent. -------------------------------------------------------------- CORAM : MR.JUSTICE A.L.DAVE

Date of decision: 27/11/2001

ORAL JUDGEMENT

(A) Admit this Application and allow this application by quashing the complaint filed by respondent No.2 herein being CR.No.III-149 od 2001 dated 15.7.2001 registered with Songadh Police Station, Dist.Surat and thereby direct respondent No.2 to release the consignment, i.e. rotten gurh and the tempo bearing registration No.GJ 5 T 2573 on appropriate terms and conditions as deemed fit and proper in the interest of justice.

(B) Pending admission, hearing and final disposal of the present application be pleased to stay further proceedings of the complaint being CR

No.III-149 of 2001 dated 15.7.2001 registered with Songadh Police Station, Dist.Surat.

(C) Pending admission, hearing and final disposal of the application be pleased to direct respondent No.2 to release the muddamal consignment, i.e.

rotten gurh and the tempo bearing Reg.No.GJ 5 T

2573 on appropriate terms and conditions.

2. The main contention is that the muddamal in question was not meant to be sold or used in the State of Gujarat. It was, in the course of transit, intercepted by the authorities and seized. The muddamal-rotten gurh was purchased from the State of Maharashtra and was being sent to Silvas (UT). In support of this contention Gujarat. It was, in the course of transit, intercepted by the authorities and seized. The muddamal-rotten gurh was purchased from the State of Maharashtra and was being sent to Silvas (UT). In support of this contention documents are produced on record.

3. The facts, briefly stated, are that the Tempo bearing Reg.No.GJ 5 T 2573 came to be intercepted near Songadh by the authorities and it was found that rotten gurh was being transported in that vehicle. The authorities, therefore, seized the muddamal and lodged the FIR. That FIR is sought to be quashed by the accused by preferring this petition.

4. This court on 21.9.01 passed the following order:

Leave to amend is granted.

Rule returnable on October 11, 2001. Ld.APP, Mr.M.A.Bukhari waives service of rule on behalf of respondent No.1.

Ad interim relief in terms of paragraph 6(B) till then.

In the meanwhile, it would be open for the applicants to approach the Investigating officer for release of muddamal truck No.GJ 5 T 2573 and gur seized in connection with the First Information Report registered with Songadh Police Station as CR No.III-149/2001 for the offence under section 70(A) and 81 of the Bombay Prohibition Act, on production of documents the Investigation Officer shall consider the request

of release of the muddamal truck and gur before the returnable date. Direct Service is permitted.

5. It is stated by the learned Advocate appearing for petitioners Mr.Qureshi that following said order the petitioers had approached the authority with relevant documents and the authority concerned has released the vehicle as well as muddamal and the muddamal has been sent outside the State of Gujarat. Mr.Qureshi has relied on various decisions of this court rendered in similar fact-situation wherein it has been held that if the goods are caught during the course of transit and if it is shown that the goods have been brought from outside the State and are being sent outside the State, then transit by itself is not an offence. Mr.Qureshi has cited the following judgments:

(i) Cri.Misc.Appln.No.6268/99, order dated 26.10.1999 (ii) Cri.Misc.Appln.No.350/98, order dated 3.2.1998 (iii) Cri.Misc.Appln.No.6364/99, order dated 4.11.1999

6. In view of the above fact-situation, it is clear that the authority concerned has released the muddamal and the vehicle after being satisfied that the goods in question were purchased from outside the State and were being sent outside the State and that they were caught during the course of transit. Further, as per the statement made at Bar by the Learned Advocate Mr.Qureshi, the goods have already been sent outside the State. Under the circumstances and in light of above discussion and legal position settled by various judgments, the FIR being CR No.III-149/2001 dated 15.7.2001 lodged with Songadh Police Station, District Surat is hereby quashed and the proceedings initiated pursuant to the said FIR are also hereby quashed. Since the muddamal is already handed over to the petitioners and same has been sent outside the State, no order is passed regarding muddamal. Rule is made absolute accordingly.