1 npps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 365 of 2011 M/s. Popular Wine Mart & Another .. Applicants Versus The State of Maharashtra & Ors. ...Respondents Mr. Rajiv Deokar a/w. Manmohan Sharma for Applicant. Mrs.V.R.Bhonsale, APP for State Respondent No.1 Mr. Sandeep Patil for Respondent No.2 BMC. CORAM:- R.Y.GANOO, J. DATED:- 13th JULY, 2011. P.C. 1. Rule. 2. Rule made returnable forthwith. By consent taken up for hearing. 3. Learned Counsel appearing on behalf of the applicant submitted that the concerned Officer of the Bombay Municipal Corporation visited the shop of the applicant no.2 namely M/s. Popular Wine Mart and carried out inventory in regard to the stock maintained by applicant no.1. The said officer came to the conclusion that in the said shop 2 liquor to the tune of 1673.050 litres is stored. The concerned officer of the Corporation came to the conclusion that the storing of the liquor in excess of 1000 litres was in violation of the provisions of the Mumbai Municipal Corporation Act, in as much as, the applicant had violated the provisions of Section 394(1)(a)(ii) r/w. Section 471 of the Mumbai Municipal Corporation Act. The applicants have filed this proceeding so as to have the said case No. 4200363/SS/11 quashed. 4. I have heard learned Counsels on both sides. Learned Counsel for the Corporation had to concede that the calculations arrived at by the concerned Inspector is patently wrong and that at the relevant date the applicant had not stored liquor in excess of 1000 litres. He admitted that the calculation as regards bottles containing liquor at 500 ml as well as 375 ml were wrong and because of the wrong calculation, the Corporation came to the wrong conclusion that the applicants are storing liquor in excess of 1000 litres. The applicants have in para 10 of the present application stated the correct calculations and they turned out to be 863.550 litres. The said calculation is found to be correct. As such, the applicant had, at the 3 relevant time stored liquor less than 1000 litres and therefore could not have been prosecuted. The entire exercise carried out by the officer is patently wrong. A false case came to be filed against the present applicant. It deserves to be quashed. Hence the criminal application is required to be granted and it is made absolute in terms of prayer clause (a). (R.Y.GANOO, J.)