CRIMINAL WRIT PETITION Nos. 452

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

Multiple writ petitions and a criminal application were filed before the Bombay High Court, Nagpur Bench, challenging police actions of raiding or stopping vehicles transporting liquor. The petitioners argued that only Prohibition Officers under the Bombay Prohibition Act, 1949 have the authority to regulate and stop such transportation, not police under the Bombay Police Act. The petitions sought quashing of FIRs registered by police for offences under the Prohibition Act and other laws. The court considered the common legal question whether police have concurrent jurisdiction. The text provided only includes the initial factual background and arguments; the final decision and reasoning are not included in the extract.

Issue of Consideration

Whether police authorities under the Bombay Police Act have jurisdiction to raid or stop vehicles transporting liquor regulated by the Bombay Prohibition Act, 1949, or whether only Prohibition Officers under that Act have such power.

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Case Details

2014 LawText (BOM) (08) 140

Criminal Writ Petition Nos. 452/2012, 328/2013, 148/2013, 56/2013, 568/2012, 139/2013, 60/2013, 324/2013 and Criminal Application (APL) No. 223/2013

2014-08-14

B.P. Dharmadhikari, C.V. Bhadang

Mr. A.S. Mardikar, Mr. Firdos Mirza, Mr. S.K. Tambde, Mr. N.S. Warulkar, Mr. P.B. Bibekar, Mrs. B.H. Dangre

Mukesh s/o Ramgopal Jaiswal and other petitioners in Criminal Writ Petitions No. 452/2012, 328/2013, 148/2013, 56/2013, 568/2012, 139/2013, 60/2013, 324/2013 and Criminal Application (APL) No. 223/2013

State of Maharashtra and others, including police officials and Commissioner of State Excise

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Nature of Litigation

Challenge to police raids and registration of FIRs for illegal transportation of liquor, contending that police lack jurisdiction under the Bombay Prohibition Act.

Remedy Sought

Quashing of FIRs registered by police and declaration that only Prohibition Officers can take action under the Prohibition Act.

Filing Reason

Police conducted traps and seized vehicles carrying country liquor, arrested individuals, and registered FIRs under the Prohibition Act and other laws; petitioners claim the police had no authority.

Issues

Whether police authorities under the Bombay Police Act have the power to raid, stop, or search vehicles transporting liquor, or whether such power is exclusive to Prohibition Officers under the Bombay Prohibition Act, 1949.

Submissions/Arguments

The allegations do not make out any offence under Prohibition Act against the petitioner. Section 83 and definitions of export, import, state in the Prohibition Act do not apply. Transporting liquor from Nagpur to Wardha does not meet ingredients of Section 65(a) of the Prohibition Act. When petitioner sells liquor to a third person, no offence is made out and no liability can be fastened upon petitioner for purchaser's acts. Police authorities registered FIRs without jurisdiction under the Bombay Prohibition Act.

Judgment Excerpts

Basic challenge in all these Petitions is to raid on or stoppage of vehicles transporting liquior by police personel functioning under Bombay Police Act (hereinafter referred to as “the Police Act” for short), as it is the commodity regulated by Bombay Prohibition Act, 1949 (hereinafter referred to as “the Prohibition Act” for short). According to petitioners, only Prohibition Officer or the staff of State Excise Department functioning under the Prohibition Act, interms thereof, can undertake any such exercise.

Procedural History

The petitioners filed writ petitions and a criminal application before the High Court challenging the FIRs and police actions. The matters were heard together by a Division Bench.

Acts & Sections

  • Bombay Prohibition Act, 1949: 65(a)(e), 77(a), 83, 2(16), 2(20), 2(36), 65(1)(x), 147
  • Motor Vehicles Act, 1988: 3/1(1), 51, 181, 11, 177, 184
  • Indian Penal Code, 1860: 26, 41
  • Arms Act, 1959: 4, 25
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