ORDER : 1. The present application has been preferred praying to quash and set aside the order dated 28.03.2023 passed by the Chief Judicial Magistrate, Ahmedabad (Rural), dismissing the discharge application filed by the petitioner vide Exhibit-5 in Criminal Case No. 368 of 2023 in connection with the offence instituted being FIR No. 11192030210498 of 2021 under sections 65A, 65(e), 116B, 81, 83 and 98(2) of the Prohibition Act, with Kanbha Police Station, Ahmedabad (Rural). 2. It is alleged in the FIR that on secrete information of Indian Made Foreign Liquor (IMFL), brought and stored unlawfully in Rudra Industrial Park, Shed No. G/58 being a godown situated in the sim of Bakrol Bujrang village, a raid was conducted and accused nos.1 to 3 were caught red handed along with the muddamal IMFL to the tune of Rs.72,89,850/-. It is alleged in the FIR that accused nos. 1, 2, 3, 9, 10, 11, 12 and 13 in collusion with each other procured IMFL for the purpose of sale; along with the IMFL, a Chevrolet Car and Mini Truck of Ashok Leyland make and mobile phones were also seized. 2.1 It is stated that upon arrest of accused no. 6-Nagdan Prabhudan Gadhvi on 09.07.2022, he disclosed that he procured the stock of IMFL from Ashok Prajapati @ Ashok Marwadi from Girvar Village in Abu Road, Rajasthan, and during investigation at the place of information, it was revealed that the IMFL was loaded from village Girvar and at the time of preparing panchnama it was noted, during the investigation, which revealed that the stock of liquor being supplied by Ashok Marwadi was purchased by him on license. 2.2 It is stated that during the course of further investigation one Harish Sagar-accused no. 5 disclosed that his photograph and personal documents was misused for the purpose of preparing a rent agreement, therefore, offence under section 465, 468, 471 and 120B of IPC was ordered to be added. 2.3 It is stated that on 01.09.2022, the Investigating Officer has filed charge-sheet against the accused no. 6-Nagdan prabhuda Gadhvi, wherein the present applicant was shown as an absconding accused. 2.3 It is stated that on 01.09.2022, the Investigating Officer has filed charge-sheet against the accused no. 6-Nagdan prabhuda Gadhvi, wherein the present applicant was shown as an absconding accused. It is stated that the present applicant was arrested from Madhya Pradesh on 16.11.2022 along with a car and Rs.8 lacs cash and ultimately on 12.01.2023, charge-sheet was filed against him and upon filing of the charge-sheet, a criminal case being Criminal Case No. 368 of 2023 came to be registered. The learned Chief Judicial magistrate, Ahmedabad (Rural) vide order dated 28.03.2023 rejected the discharge application of the applicant. 3. Mr. Zubin Bharda, learned advocate for the applicant states that the learned Magistrate has committed a grave error in rejecting the application, Exh.5 filed by the applicant, as perusing the papers of the investigation filed by the Investigating Officer, there is no iota of evidence or material, which even prima facie connect the applicant with the alleged offence. Mr. Bharda submitted that the entire charge-sheet is silent qua the role attributed to the applicant with respect to the supply or procurement of the IMFL or preparation of the false documents. 3.1 Advocate Mr. Bharda further submitted that the applicant was arrested on 17.11.2022 with Rs.8 lacs cash and Innova Car and two Mobile Phones, which is the only consideration weighed with the learned Magistrate to reject the discharge application of the applicant. Mr. Bharda stated that the applicant was a retired army personnel and a businessman and permanent resident of Chandigarh, and he was on a business tour to Madhya Pradesh, and therefore he had Rs.8 lacs cash, and mere recovery from the applicant, is not sufficient for drawing an adverse inference against the applicant. 3.2 Mr. Bharda further submitted that the observation of the learned Magistrate relating the applicant in the offence in collusion with the absconding accused of supplying the muddamal IMFL by perusing the papers of investigation, is unjustified, as the accused no. 6 had taken the Investigating officer to Abu Road in State of Rajasthan from where the muddamal IMFL was procured from one Ashok Marwadi, who was the license vendor from Rajasthan, there being no connection between the applicant and the supply of IMFL to the other accused. Mr. 6 had taken the Investigating officer to Abu Road in State of Rajasthan from where the muddamal IMFL was procured from one Ashok Marwadi, who was the license vendor from Rajasthan, there being no connection between the applicant and the supply of IMFL to the other accused. Mr. Bharda stated that the rejection of discharge application filed by the applicant is absolutely without application of mind and passed mechanically for the sole purpose of rejecting the discharge application, and when no reasons have been assigned, the impugned order becomes unsustainable and requires to be quashed and set aside. 4. Ms. Jirga Jhaveri, learned APP, submitted that huge quantity of Muddamal IMFL were seized by the police, where the present applicant is one of the main accused, who for his own economic gain in collusion with the main supplier – Vijay Murlidhar Udwani @ Vinod Sindhi, has illegally sent/transported the IMFL muddamal from Ambala, Harayana. Ms. Jhaveri submitted that there are 43 antecedents against the present applicant in Gujarat and he was absconding since long; thus, urged to reject the application. 4.1 Ms. Jirga Jhaveri, learned APP, referring to the judgment of Kantilal Gopalbhai Tandel vs. State of Gujarat, 2017 (3) RCR (Cri) 308, submitted that under the Gujarat Prohibition Act, 1949, party exporting the liquor has to fill up a form for export permit in Form E3 and thereafter only after necessary procedure for export permit has been undertaken, and if the application is found in order, then permit in Form E4 in quadruplicate, specifying the name, quantity and strength of each kind of liquor, is issued and one of the copy shall be delivered to the exporter and another is forwarded to the appropriate Excise Officer of the State or Union Territory, to which the liquor is to be taken, and the third copy is to be sent to the Excise Inspector of the Taluka and the fourth is to be retained for record. 4.2 APP Ms. 4.2 APP Ms. Jhaveri stated that, in the present case, the applicant has failed to show any export permit, and during the course of investigation it was found that as informed by the main supplier - Vijay Murlidhar Udwani @ Vinod Sindhi, resident of A/8, Vallav Complex, near Parivar School, Mahavir Char Rasta, Vaodara, had supplied the illegal prohibitory IMFL from Ambala - Harayana, and transported in a truck to be sent at Vadodara at the place informed by Vijay Murlidhar Udwani. 5. The charge-sheet notes the offence under sections 65A, 65(e), 116B, 81, 83 and 98(2) of the Gujarat Prohibition Act and sections 465, 468, 471 and 120B of the IPC. The seized articles being IMFL in small and big size of 20,072 bottles and 3,166 beer cans; in total 23,238 bottles/cans valued at Rs.72,89,850/- were found to be purchased by 12 of the accused, which were found at Rudra Industrial Park, Shed No. G/58 at the outskirt of Bakrol Bujrang village, falling under the jurisdiction of Kanbha Police Station in district of rural Ahmedabad. It is alleged that the said accused had taken the said place on monthly rent of Rs.22,000/- from Mahadevsinh Chandubhai Solanki, and in the rent agreement, false Adhar-card and Pan-card of witness Harish Ramlal Sagar was misused and shown as true to execute false rent agreement. All the accused, under criminal conspiracy, are alleged to have brought the liquor stock illegally in the State of Gujarat, and accused Pradip Kojaram Bisnoi (Jani), Sunil Jagmalram Bisnoi and Manoharlal S/o Babulal Pawar were found at godown, at the time of raid with Muddamal valued at Rs.78,45,850/-. 5.1 During the course of investigation, panchnama was drawn and during the inquiry of all the three persons found at godown during the raid, had informed that liquor was purchased from one kantilal @ Rohit Ratilal Marwadi, resident of B/h. Maheta Hospital, Sanchor, Rajasthan. The panchnama of the godown, which was at the outskirt of village - Girvar, was drawn and Mr. The panchnama of the godown, which was at the outskirt of village - Girvar, was drawn and Mr. J.H. Dahiya, Police Inspector, State Monitoring Cell, Gujarat State, Gandhinagar drew the panchnama in presence of the panchas, and accused Nagdan Prabhudan Gadhvi showed the place, wherein, in presence of panchas, the stock in huge quantity of IMFL was found, and when inquired from one labourer working in the agricultural field, he named himself as Motiram Babuji Grasiya, resident of Girvar village, Ambliya Fali, Abu Road, and on inquiry from him about the place and the house, he informed that the same belongs to Ashok Marwadi of Girvar village, and the government godown was under the license of his mother Soniben Marwadi. The panchnama on 17.11.2022, was drawn by J.H. Dahiya, Police Inspector, State Monitoring Cell, Gujarat State, Gandhinagar, in presence of two panchas resident of Sarkhej Road, wherein it was noted that on receiving the information, they have reached District-Seoni, Madhya Pradesh, and from the accused Joginderpal @ Fauji Devraj Sharma, the present applicant, who was shown to be the resident of Bungalow No. 285, Sector-33A, Chandigarh (U.T.) in the presence of the panchas, mobile phone with sim-card, currency notes of different denomination to the value of Rs.8 lacs in a cloth bag and a Toyota Innova Crista Four Wheeler Car with registration R.C. in the name of the accused, were seized. 5.2 Nagdan Prabhudan Gadhvi (Tapariya), when was enquired by the police in presence of the panchas, from whom a red diary was seized, wherein in English word “Dhaval” was written, and he was asked to write the same for about six times on a plain paper; the letters which were on page no. 28 in sky blue colour, the description was 1,87,000 Tarapur and against that the figure 2,80,810 was found. The accused Nagdan Prabhudan Gadhvi was arrested from Harayana and from his flat and under his custody, the things which were seized were noted in another panchnama. The place at Rajasthan was shown by accused Nagdan Prabhudan Gadhvi, where he had informed that IMFL stock was kept there. The house at Girvad village belongs to Ashok Marwadi. The accused Nagdan Prabhudan Gadhvi was arrested from Harayana and from his flat and under his custody, the things which were seized were noted in another panchnama. The place at Rajasthan was shown by accused Nagdan Prabhudan Gadhvi, where he had informed that IMFL stock was kept there. The house at Girvad village belongs to Ashok Marwadi. The case of the police, as it runs in the chargesheet, is of having found IMFL bottels and beer cans in Bakrol Bujrang village at Rudra Industrial Park, Shed No. G/58, which comes under Kanbha Police Station Ahmedabad (Rural), and as per the prosecution, the accused had kept this property on rental basis from Mahadevsinh Chandubhai Solanki on monthly rent of Rs.22,000/-. The allegation is that the godown was on rent agreement on false Adhar-card and Pan-card of Harish Sagar. The allegation is of criminal conspiracy of having brought IMFL in the State of Gujarat, and has stocked in the said godown. 5.3 Three accused, namely Pradip Kojaram Bisnoi (Jani), Sunil Jagmalram Bisnoi and Manoharlal S/o Babulal Pawar were found at godown at the time of raid with Muddamal valued at Rs.78,45,850/-. Nagdan Prabhudan Gadhvi had stated that those prohibited articles were from Rajasthan. The petitioner was arrested from Madhya Pradesh. The police thereafter in the charge-sheet without any connection to the main offence, notes about Joginderpal @ Fauji S/o Devraj Sharma, resident of Bungalow No. 285, Sector-33A, Chandigarh (U.T.) to be the main accused, who is the present applicant. The main supplier is Vijay Murlidhar Udwani @ Vinod Sindhi, resident of A/8, Vallav Complex, Opp. Parivar School, Mahavir Char Rasta, Vaodara, under whose instructions, the IMFL was illegally loaded from Ambala-Harayana in a truck and was brought at a place at Vadodara under the instruction of Vijay Murlidhar Udwani @ Vinod Sindhi. 6. This Court fails to understand as to how the IMFL and the Beer Canes found from the godown at Bakrol Bujrang village, which comes in Ahmedabad (Rural), finds any connection with any of the prohibited liquor stated to have been brought at Vadodara, under the instruction of Vijay Murlidhar Udwani. 6. This Court fails to understand as to how the IMFL and the Beer Canes found from the godown at Bakrol Bujrang village, which comes in Ahmedabad (Rural), finds any connection with any of the prohibited liquor stated to have been brought at Vadodara, under the instruction of Vijay Murlidhar Udwani. The police has not detailed out any prohibited liquor as per the allegation and simply without any connection to the main offence, as was found when the raid was conducted on 09.08.2021, the present applicant has been arraigned in the matter with no connection of any offence of the prohibited muddamal being found at Bakrol Bujrang village in the Rudra Industrial Park, Shed No. G/58. 7. The Gujarat Prohibition Act prohibits transport of liquor within the State. It has not been brought on record whether any Prohibition Act is applicable in the State of Haryana. The police has not explained in the charge-sheet as to how the present applicant would get connected in the offence. The liquor and beer found in Ahmedabad (Rural), where police in the chargesheet alleges the connection of the present applicant to the supplier - Vijay Murlidhar Udwani of Vadodara, and as per the police illegally from Ambala - Harayana, the Truck had come to Vadodara. The charge-sheet does not show the connection of the present applicant with main offence as alleged regarding the articles seized at Ahmedabad. 8. In view of the same, the present application is allowed. The order dated 28.03.2023 passed by the Chief Judicial Magistrate, Ahmedabad (Rural) below Exhibit-5 in Criminal Case No. 368 of 2023 is quashed and set aside. The present applicant is ordered to be discharged from the offence. The applicant be released from jail forthwith. 9. Direct service is permitted.