Case Note & Summary
The applicant-accused, Mosinbhai Osmanbhai Halai, filed a criminal miscellaneous application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.11186002251846 of 2025 registered at Kodinar Police Station, District Gir Somnath, for offences under Sections 65(e), 98(2), 81, 83, 116-B of the Gujarat Prohibition Act, 1949, and Sections 111(2)(b), 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023, along with Criminal Case No. 2329 of 2025 pending before the learned Additional Chief Judicial Magistrate, Kodinar. The applicant argued that the FIR was false and lacked any evidence to implicate him, as he was not present at the place of incident, was not in conscious possession of the liquor, and was not the owner of the vehicle from which the liquor was seized. The State, represented by the APP, opposed the application. The court, after hearing both sides, found that the FIR, even taken at face value, did not establish the alleged offences against the applicant. The court noted that the applicant was not present at the scene and there was no material to show conscious possession. Consequently, the court quashed the FIR and all consequential proceedings, holding that continuing the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Procedure - Quashing of FIR - Inherent Powers - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant-accused sought quashing of FIR alleging offences under Gujarat Prohibition Act and BNS. The court held that where the accused was not present at the scene, not in conscious possession of liquor, and not the owner of the vehicle, no prima facie case is made out. FIR quashed to prevent abuse of process. (Paras 1-6)
Issue of Consideration
Whether the FIR and criminal proceedings against the applicant-accused under the Gujarat Prohibition Act, 1949 and Bharatiya Nyaya Sanhita, 2023 should be quashed for lack of prima facie evidence.
Final Decision
The court allowed the application, quashed FIR No.11186002251846 of 2025 and Criminal Case No. 2329 of 2025 pending before the learned Additional Chief Judicial Magistrate, Kodinar, along with all consequential proceedings. Rule made absolute.
Law Points
- Quashing of FIR
- Inherent powers under Section 528 BNSS
- No prima facie case
- Conscious possession
- False implication
Case Details
R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 1826 of 2026
MR. DENISH V MAVADHIYA, MS. CHETANA SHAH
Mosinbhai Osmanbhai Halai (Muslim)
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Nature of Litigation
Criminal Miscellaneous Application for quashing of FIR and criminal proceedings.
Remedy Sought
Quashing of FIR No.11186002251846 of 2025 and Criminal Case No. 2329 of 2025 pending before learned Additional Chief Judicial Magistrate, Kodinar.
Filing Reason
Applicant-accused alleged false implication in prohibition case; he was not present at scene, not in conscious possession of liquor, and not owner of vehicle.
Issues
Whether the FIR discloses any prima facie offence against the applicant-accused.
Whether the criminal proceedings should be quashed to prevent abuse of process.
Submissions/Arguments
Applicant's counsel submitted that the FIR is false, lacks evidence, and the applicant was not present at the scene, not in conscious possession, and not the owner of the vehicle.
State's APP opposed the application.
Ratio Decidendi
Where the accused is not present at the scene of incident, not in conscious possession of the contraband, and not the owner of the vehicle from which the contraband is seized, no prima facie case is made out against him. Continuing such proceedings would be an abuse of the process of law, warranting quashing under Section 528 BNSS.
Judgment Excerpts
Learned advocate Mr. Denish V. Mavadhiya appearing for the present applicant-accused has submitted that the FIR lodged by the complainant is palpably false.
He has submitted that the present applicant was not present at the place of the incident nor was he found in conscious possession of the liquor, and he was not the owner of the vehicle, from which, the liquor was found and seized.
Procedural History
FIR No.11186002251846 of 2025 was lodged at Kodinar Police Station. Criminal Case No. 2329 of 2025 was pending before the learned Additional Chief Judicial Magistrate, Kodinar. The applicant filed the present application under Section 528 BNSS for quashing. The court heard both sides and allowed the application on 25/02/2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 528
- Gujarat Prohibition Act, 1949: 65(e), 98(2), 81, 83, 116-B
- Bharatiya Nyaya Sanhita, 2023: 111(2)(b), 111(3), 111(4)
