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Murshad Ali & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 16892 of 2005 [2005] RD-AH 6583 (29 November 2005)


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Hon'ble M. K. Mittal, J.

Heard Sri Abhai Saxena, learned counsel for the accused applicants, learned A.G.A. and perused the record.

Application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 22.5.2005 in Case Crime No. 71 of 2005 under Sections 60, 63, 72 Excise Act, P.S. Garh District Ghaziabad.

The contention of the learned counsel for the accused applicants is that applicants were transporting the liquor under authorised permit and there was no illegal liquor loaded in the truck. At the relevant time liquor was being transported from District Bulandhahar to Distrit Rampur. It was checked at Garh check post, district Ghaziabad.

Learned counsel for the accused applicants has further contended that applicants have been falsely implicated in this case and the charge sheet has been submitted against them without there being any legal evidence against them. But the fact whether the liquor was being transported legally under the genuine documents can be seen by the Trial Court and this fact cannot be evaluated and analysed in the present proceedings under Section 482 Cr.P.C. Applicants can raise their factual objections in the trial Court at appropriate stage.

With these observation application is liable to be rejected.

Application filed under Section 482 Cr. P. C. is hereby rejected.

Dated: 29.11.2005



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