Summary:
Bhopal: In a significant decision, a single bench of M P high court has held that a police sub-inspector “had no power to enter and inspect a licensed liquor shop/premises.The court further said that in effect the charge-sheet filed by the police inspector in question under sections 34(1), 34 (2), 39 (a) of the Excise Act, 1915, was without any authority of law and in fact it was done in excess of his jurisdiction.The court laid down the said rule interpreting section 2(7), 7, 34 (1), 34 (2) and 39 (a), 51, 54 and 55 of the Excise Act, 1915.The court of Justice Subodh Abhyankar, while hearing a petition filed by a liquor trader from Jaithari in Anuppur district, seeking quashing of FIR registered against him under section 34 (1), 34 (2) and 39 (a) of the Excise Act, concurred with the contention of petitioner’s lawyer that the police SI who initiated action against his client was not authorized to either lodge an FIR against him under Excise Act, 1915 nor the charge-sheet presented in court on the basis of that FIR was lawful.The petitioner ran a foreign liquor shop at Jaithari, where a search was carried out on April 12, 2018 by a police sub-inspector following which an FIR was lodged.The judge said “Counsel for the State, was not able to show any notification or document to demonstrate that in-charge sub inspector of the police station was empowered to lodge an FIR and file a charge-sheet against a legal trader after inspecting his shop under the provisions of Excise Act, 1915.“Thus, this court has no hesitation to hold that the entire procedure adopted by the sub-inspector in entering the licensed premises, in lodging the FIR and in filing the charge-sheet is without any authority of law and in fact it has been done in excess of his jurisdiction”, the court ruled..