Criminal Misc. No. M- 2177 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 2177 of 2010 Date of decision:- 28.02.2011 Satbir Singh ...Petitioner Versus State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. A.S. Sullar, Advocate for the petitioner. Mr. P.S. Virk, DAG Haryana for respondent No.1-State. RITU BAHRI J. This petition under Section 482 Cr.P.C. for quashing of FIR No.297 dated 30.06.2009 under Sections 420,467,468,471,120-B and 506 IPC, registered at Police Station City, Jagadhri, District Yamunanagar. As per allegations, the petitioner has been shown as owner of L-13 Godown which is in fact owned by the NV Distellerries Limited and licensed by Narpal Singh and Jagmohan Jain. The petitioner was nothing to do with the said L-13 godown, who has been named as accused in the FIR as well as in the final investigation report (Annexure P-2). The petitioner was neither the licensee nor partner or employee of the Godown L-13 and has no commercial relations related to Godown L-13 with the other accused persons or with the owner of the said godown. The petitioner has nothing to do with day to day business dealings of godown L-13 and income derived therefrom or aleged smuggling of liquor from the said godown on the basis of fake permit/pass. The godown L-13 Depot from which 100 boxes of liquor were loaded as alleged belongs to the NV Distelleries Criminal Misc. No. M- 2177 of 2010 -2- Limited. The NV Distilleries has authorized Narpal Singh and Jagmohan Jain to run/operate the L-13 godown on their behalf and the security amount and license fee etc. was deposited by Narpal Singh and Jagmohan Jain, who have been exonerated by the investigation officer by putting both of them in column No.2 of the final investigation report. Perusal of FIR, recorded on the complaint of Ashok Kumar Chuchra reveals that Budh Singh Rana, who was eralier Wine Contractor and not having any liquor shop in Jagadhri, alongwith Narender Tyagi and some other persons, is indulged in smuggling the liquor. There are number of criminal cases already registered against Narender Tyagi. Both of them related to NV Distillery Godown, which is owned by Billa from Sadhaura and Satbir. On 28.06.2009, the complainant make a phone to the police control room and called the police and informed that in vehicle number HR-58-6370 hundred boxes of liquor having illegally loaded. On this report, the police, checked the said vehicle and the driver of the said vehicle produced a Pass No.457, on which Permit No.06/1030, which was bearing address of Harish Kumar L-14A Kharwan, which was forged and fabricated. The Department has not issued any permit in the name and on the said number. Narpal, Billa, Satbir and an another employee, who was working with them as Muneem (accountant) on previous date of alleged recovery, threatened the complainant not to come towards the said godown other they would kill him. Counsel for the petitioner contends that as per contents of FIR no specific and substantive allegations have been made out against the petitioner. In reply, filed by the official respondents, it is stated that on 28.6.2009 Sub Inspector Raj Pal Singh has received an information from police control room regarding smuggling of liquor in TATA 207 bearing registration No. HR 58-6370. Said TATA 207 was stopped before the Huda Office, Yamunanagar. ON checking 100 boxes of countrymade liquor, out of 25 boxes marka 'Sonfi' and Criminal Misc. No. M- 2177 of 2010 -3- 75 boxes having marka 'Raseela Santra' of NV Distillery Limited were recovered from the truck. The driver Inderpal Singh son of Ajit Singh, resident of Kukherji Park had shown form L-34 issued in the name of Harish Kumar L-14 A Kharwan, on which permit No.06/1030 dated 03.6.2009 valid upto 28.6.2009 and vehicle HR-58 6370 were mentioned. Thereafter on 30.6.2009, an application was moved by Ashok Kumar Chuchra, resident of Yamunanagar, on the basis of which FIR No.279 dated 30.6.2009 under Sections 420,467,468,471,120-B and 506 IPC was registered in Police Station City, Jagadhri. During the course of investigation, the investigation officer had moved an application before the DE & TO Jagadhri for verifying the authenticity of the document i.e. Form L-34 NV Distilleries Ltd. having serial No.457 dated 28.6.2009, permit No.06/1030 and truck No.HR 58-6370 issued in the name of Harish Kumar L 14-A Kharwan. After showing the above document to the Excise Inspector, statements of Excise Inspector Satish Verma, Deepak Dutt and Ashok Sharma Clerks were recorded under Section 161 Cr.P.C. As per their statements Form No. L-34 was not issued from their office and as per official record atbSerial No.457 the name of Randhir L 14-A Kheri Lakha Singh was found to be issued against permit No. 01/5281 dated 01.06.2009. As per this pass/permit 90 boxes of liquor were sent in vehicle No. HR 45-2316. This permit was valid upto 30.6.2009. On 02.7.2009 complainant Ashok Kumar got recorded his supplementary statement wherein he has stated that clerk/muneem Jai Chand, working in L-13 godown had forged the above Form L-34 of Harish Kumar and Budh Singh Rana, Narender Tyagi had got loaded the liquor from godown L-13. The license of the godown was in the name of Narpal and Jagmohan and Rakesh @ Billa and Satbir Singh Dhanda were partners in the said godown L-13. He disclosed in his statement that Budh Singh and Narender Tyagi had given him a form after filling up the same regarding hundred boxes of liquor in connivance with clerk Jai Chand. On 24.7.2009, accused Rakesh Kumar @ Billa was arrested, who also disclosed in Criminal Misc. No. M- 2177 of 2010 -4- his statement that Jai Chand Munim on his asking given a pass in respect of hundred boxes of liquor to Inderpal driver. He also disclosed that the said liquor was transported to Budh Singh and Narender Tyagi resident of Jagadhri. He also disclosed that Satbir Singh Dhanda, Jagmohan and Narpal Singh were partners in equal share of L-13 godown. On 16.11.2009 accused Jaichand was arrested, who disclosed that Satbir Singh Dhanda, Jagmohan and Narpal Singh were partners in equal share of L-13 godown anajmandi Jagadhri. He also disclosed that on asking of Rakesh, he prepared the pass of hundred boxes of countrymade liquor in the name of Harish Kumar L-14 A Kharwan. On 09.8.2009 accused Budh Singh was arrested and on 21.11.2009 accused Satbir Singh Dhanda was joined in investigation in view of anticipatory bail dated 18.11.2009. On 21.11.2009, accused Jagmohan was found to be innocent and his name was removed from the case. On 04.1.2010 accused Narpal Singh was also found innocent and his name was also removed from the case. On 07.1.2010 challan/final report was submitted in the Court. The case was fixed for framing of charge in the month of March 2010. The petitioner's name has been disclosed by the statement made by Jaichand Munim that he is a partner in L-13 godown NV Distillery Limited. Challan was presented against the petitioner as cogent and incriminating material was found against him. Reply has been filed by respondent No.2-Ashok Chuchra. As per this reply, the petitioner was not known to the complainant personally or by face and now the complainant has verified himself at Panchayat level that the present petitioner is not related to the case in any manner and neither he is related to the godown L-13 of NV Distillery in any manner nor he is partner of this godown and Satbir Singh has not threatened to kill the complainant. He has no objection if the FIR is quashed against the petitioner. Compromise deed (Annexure P-3) has been filed alongwith the petition, which is supported by the affidavit of Ashok Chuchra. Criminal Misc. No. M- 2177 of 2010 -5- Mr. A.S. Sullar, Advocate counsel for the petitioner has referred (Annexure P-3) which is letter of authority of L-13. Licence issued to NV Distillery Ltd. by Deputy Excise & Taxation Commissioner (Excise), Jagadhri. As per this letter of authority Mr. Narpal Singh son of Deen Dayal, Sector 17, House No.1959, HUDA, Jagadhri and Mr. Jagmohan Jain son of Naurata Ram Jain, VPO Mulana, District Ambala are the owners of godown L-13. The petitioner's name does not figure in this document, which goes to prove that the compromise and affidavit of Ashok Chuchra are not based on wrong facts. Since the petitioner is not the owner of L-13 godown, he cannot be attributed any alegations on the incident dated 28.6.2009. Further, referred to the disclosure statement of Jaichand Munshi of L-13 godown (Annexure P-5) made to the police, he has specifically mentioned that on 28.6.2009 it was Sunday and on asking of Rakesh, he prepared a pass of 100 countrymade liquor in the name of Harish Kumar L- 14A and handed over to Inder Pal Singh resident of Jagadhri. He put his signatures as Excise Inspector on the pass. This fake pass was kept by him in a suit at his residence. No role has been attributed to the petitioner in preparation of the pass of 100 boxes of countrymade liquor and putting signatures as Excise Inspector on the pass. It has been mentioned that he was the owner of L-13 godown alongwith Narpal Singh and Jagmohan Singh and Rakesh. The disclosure statement of driver Inder Pal (Annexure P-4) stated that on 28.6.2009 both Budh Singh and Narender Tyagi alongwith Jai Chand, Muneem in godown L- 13 have loaded 100 boxes of contrymade liquor, out of which 25 boxes were Sofi marka and 75 boxes were of Raseela marka of NV Distillery Limited. These boxes were to be unloaded in the house of Budh Singh situated behind Krishna Metal and muneem of the godown Jai Chand gave him a filled up form of 100 boxes of liquor. His vehicle was seized on 28.6.2009. The petitioner's name nowhere mentioned in this disclosure statement. Mr. P.S. Virk, DAG Haryana stated that after going through the Criminal Misc. No. M- 2177 of 2010 -6- letter of authority (Annexure P-3), disclosure statement of driver Inderpal (Annexure P-4) and disclosure statement of Jaichand Muneem (Annexure P-5) could not dispute that the petitioner was not the owner of godown and he has not been named by the driver Inderpal or Muneem Jai Chand in the alleged commission of crime. The affidavit of Ashok Kumar complainant, compromise deed and reply filed by complainant-respondent No.2 confirm to the indusputed fact that the petitioner was not owner of godown L-13 of NV Distillery Ltd. After accepting the reply of respondent No.2 no offence against the petitioner is made out. The complainant in his affidavit has stated that after verification of facts, he found that petitioner is neither a partner of the godown nor he has involved any person, who has threatened him and he has no objection if the FIR in question is quashed qua petitioner. In view of the factual position that the petitioner is neither the owner of godown L-13 and complainant does not wish to pursue the proceedings as per FIR qua the petitioner, no useful purpose will be served to allow the petitioner to face the trial if ultimately he will be acquitted as per compromise and law laid down in State of Haryana and others versus Bhajan Lal and others 1992 Supp (1) Supreme Court Cases 335. In view of the above facts, the petition is allowed and FIR No.297 dated 30.06.2009 under Sections 420,467,468,471,120-B and 506 IPC, registered at Police Station City, Jagadhri, District Yamunanagar is quashed alongwith its consequential proceedings arising therefrom qua petitioner. February 28, 2011 ( RITU BAHRI ) Vijay Asija JUDGE