IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 828 of 2009 Dile Ram S/o Sri Mangali Singh R/o House No. 384-B, New Awas Vikas Colony, Ganga Pur, Civil Lines, P.S. Civil Lines, Rampur, District Rampur (U.P.). ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary Home, Civil Secretariat, Dehradun. 2. District Magistrate Udham Singh Nagar (Uttarakhand). 3. Excise Inspector Area –3, Kashipur, District Udham Singh Nagar. ...…………. Respondents Mr. Rattan Lal, Advocate for the petitioner. Mr. M.A. Khan, Brief Holder for the respondents / State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 1906 of 2008; State Vs. Dile Ram, relating to offence punishable under 2 Section 60 / 72 of the U.P. Excise Act, 1910, police station Bajpur / Kashipur, pending in the court of Addl. Chief Judicial Magistrate, Kashipur. 3) Learned counsel for the petitioner submitted that from the challani report submitted by Excise Inspector, on the basis of which aforesaid criminal case is registered, itself shows that there is no allegation of commission of any offence by petitioner Dile Ram. What has been mentioned in the report dated 16.05.2008, in Form D-22-A (copy of which is Annexure –1 to the petition) by the Excise Inspector, is that some 40 liters of liquor was found being transported in a motorcycle of make Bajaj Discover, bearing Chassis No. DSBMV 80617. From the report it appears that since said vehicle was bearing registration No. UP22F / 8323, when the Excise Inspector verified from the Regional Transport Office, it was found that the motorcycle of said registration number was owned by petitioner Dile Ram S/o Mangali. However, it was further disclosed that the make of the petitioner’s motorcycle was Hero Honda Splendor with Chassis No. 06K16C23444. As such, it is clear that someone has used fake registration number in the motorcycle in which the liquor was being transported. Annexure –1 (report of Excise Inspector) itself shows that the only request made by him to the court was that the vehicle in which the liquor was being transported be confiscated under Section 60 / 72 of the U.P. Excise Act, 1910. It nowhere says that the owner of Hero Honda 3 Splendor with Chassis No. 06K16C23444 be prosecuted. As such, this Court agrees with learned counsel for the petitioner that the Magistrate has issued summoning order by registering the case, against the petitioner, without application of mind. Apart from this, Annexure –3 to the petition shows that the vehicle in which the fake registration No. was used i.e. motorcycle Bajaj Discover with Chassis No. DSBMV 80617 has already been confiscated by the District Magistrate vide his order dated 19th of Mach 2009. Said order further discloses that petitioner himself gave no objection if that vehicle in which illicit liquor was being transported is confiscated. 4) In the above circumstances, the proceedings of Criminal Case No. 1906 of 2008, State Vs. Dile Ram, relating to offence punishable under Section 60 / 72 of the U.P. Excise Act, 1910, police station Bajpur / Kashipur, pending in the court of Addl. Chief Judicial Magistrate, Kashipur, are hereby quashed. Accordingly, the petition under Section 482 of Cr.P.C. stands allowed. (Stay Application No. 1175 of 2009 as well as Urgency Application No. 1322 of 2010 stand disposed of). (Prafulla C. Pant, J.) Dt. April 08, 2010. H. Negi 4