Sonu Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:119655

Court No. - 77

Case :- APPLICATION U/S 482 No. - 36380 of 2024

Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suvash Ram,Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Suvash Ram, learned counsel for the applicant and learned A.G.A. for the State.

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This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 03.12.2021 as well as summoning/cognizance order dated 02.04.2022 including the entire proceedings of Misc. Criminal Case No. 18931 of 2022 (State vs. Sonu) arising out of Case Crime No. 247 of 2021, under section 60 of Excise Act, Police Station-Karanda, DistrictGhazipur, pending in the Court of learned Judicial Magistrate, Court No. 8, Ghazipur as well as to stay the further proceedings of abovementioned case.

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Learned counsel for the applicant has submitted that while taking cognizance of offence, learned Magistrate has failed to examine the issue of section 60 of Excise Act that how it is applicable in the matter of applicant wherein the allegation has been fastened only for carrying plastic jerry can in the right hand of the applicant, although neither quantity of the country made liquor has been defined nor the capacity of the jerry can has ever been mentioned at the time of lodging the FIR. It is the strong submission made by learned counsel for the applicant that under which control order or specific section barred any person to produce fermented liquid in shape of country made liquor from honey tree (mahua) and as such the applicant cannot be fastened allegation in respect of quantity of country made liquor as mentioned in the recovery memo. Learned counsel for the applicant has further submitted that the applicant has not committed any crime in respect of the above mentioned arguments.

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Per contra, learned A.G.A. has vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant on the basis of F.S.L. report

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which clearly indicates that the liquid which has been put for test has been found as country made liquor having sensitivity of 5.9% in shape of alcohol.

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After hearing rival submissions extended by learned counsel for parties, there are certain lapses available in the instructions which has been received by learned AGA which includes the F.S.L. report also, the liquid which has been put to test before forensic science laboratory, there is hardly any report available that what was the primary source of manufacturing of liquid which was put to test, wherein the ratio of 5.9% being alcohol has been found and the liquid has been termed as 'country made liquor'. It is undisputed fact that country made liquor can be produced by several sources such as rice, barely, honey tree (mahua) , orange and different types of citrus fruits and the report received through instructions, which has been taken on record through learned AGA is silent over the issue that what was the primary source of liquid which has been recovered from the applicant and put to test. It is also apparent from the instructions that applicant is having no criminal history credited in his favour either or before institution of the instant matter in shape of Case Crime No. 247 of 2021 and as such considering several lapses while conducting investigation as well as in shape of receiving F.S.L. report, which is lacking proper evidence substantial for initiating trial against the applicant.

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In view of the above mentioned facts and circumstances of the case, the entire proceedings of Misc. Criminal Case No. 18931 of 2022 (State vs. Sonu) arising out of Case Crime No. 247 of 2021, under section 60 of Excise Act, Police Station-Karanda, DistrictGhazipur, pending in the Court of learned Judicial Magistrate, Court No. 8, Ghazipur against the applicant is hereby set-aside and as such the instant application stands allowed accordingly.

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Order Date :- 22.7.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Sonu v. State of U.P. and Another

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