Surendra Solanki And Ors vs State Of Rajasthan And Ors

In S.B. Criminal Mics. Petition No.5345/2020:

Counsel for the petitioner submits that the petitioner is shareholder of the factory producing IMFL liquor with due licence at Bhiwadi in the name of Golden Bottling Ltd. Company. The FIR has been registered by the police alleging that the Golden Bottling Ltd. Company was manufacturing IMFL liquor under the guise of manufacturing country made liquor and registered a case under Section 14, 16, 19 & 54 of the Rajasthan Excise Act and also registered a case under Section 308 IPC on the premises that the boxes did not contain message that liquor is harmful for health and on the said basis the petitioner was arrested.

Learned counsel submits that at the same time the Excise Inspector has also visited the site and he only found a case of offence under Section 58-C of the Excise Act against the Company which is bailable offence and only a fine can be imposed under Section 58-C to the extent of Rs.5,000/-.

Learned counsel has further taken this Court to the license issued to Golden Bottling Ltd. Company for IMFL liquor as well as country liquor and submits that bottling process was continuing at the time of inspection and there was no transport of the liquor from the site and therefore, there was no occasion for the police authorities to register a case against the petitioner and it is at the behest of the local liquor mafiya that the FIR has been registered and the petitioner has been arrested without any reason. Learned counsel for the petitioner also submits that neither any notice under Section 41 was given to the petitioner nor due process was followed and several police personnels entered into petitioner's house and arrested him illegally.

Learned counsel further submits that the petitioner should be released immediately and it is a complete illegal detention on the part of the police authorities and relies upon the order passed by the Co-ordinate Bench of this Court in S.B. Criminal Misc. Petition No.5836/2016: Dr. Sanjeev Gupta vs. State of Rajasthan & Anr. dated 25.11.2016. He also relies on judgment passed in Gagan Harsh Sharma vs. State of Maharashtra: (2018) SCC Online BOM 17705 to submit that the powers under Section 482 Cr.P.C. can be exercised for the purpose of release of a person, who has been illegally detained on the basis of a false FIR.

Learned counsel has further submitted that the provisions of the Rajasthan Excise Act exclusively allowing the Excise Department officials to conduct inspection and there was no complaint from any person to the police entered into the premises without any prior complaint and conducted an inspection illegally as the power has not been delegated to the police and in the absence of the Excise Inspector, the police conducted the so called inspection at the premises and prepared an FIR while the Excise Inspector, who later on joined has submitted a separate FIR and has not found any illegality relating to manufacturing while the provisions of Section 14, 16, 19 & 54 of the Rajasthan Excise Act have not been found in the FIR registered by the Excise Inspector only offence of violation of licence under Section 58-C has been found.

Learned counsel has also taken this Court to the provisions of Section 308 IPC to submit that there is no allegation that any spurious liquor has been manufactured at the site and merely because of not mentioning of label on the boxes, case under Section 308 IPC cannot be said to be made out. In such circumstances, the petitioner's detention is clearly illegal.

In the other two connected petitions, the petitioners are the associates of the owner and part of the management and apprehend that they shall also be arrested wrongfully.

This Court deems it appropriate to call for the Investigating Officer along with record on the next date, who will explain his conduct and show the reasons on the basis of which the inspection was conducted.

In the meanwhile, taking into consideration the law has laid down in Dr. Sanjeev Gupta(supra) and Kartar Singh vs. State of Punjab: (1994) 3 SCC 569, I find that the detention of the petitioner is prima facie illegal. Therefore, exercising inherent power under Section 482 Cr.P.C., to meet the ends of justice, this Court deems it appropriate to release the petitioner immediately from detention.

Accordingly, this Court releases the petitioner - Surender Solanki S/o Ashok Solanki in Criminal Misc. Petition No.5345/2020 from detention subject to submitting bond of Rs.1 lac personal amount and a surety of like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. The release of the petitioner is provisional subject to final decision of this Case.

In S.B. Criminal Misc. Petition Nos.4889/2020 & 5317/2020:

Issue notice of the petitions as well as stay applications. Learned Public Prosecutor is directed to call for the concerned Inspector.

In the meanwhile, no coercive steps shall be taken against the petitioner(s).

A copy of this order be placed in each file.