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Rajasthan HC notes abuse of power and quashes FIR filed by state police

Socio Legal Corp

A petition was filed in court by Puneet Solanki, Abhishek Kharb, Surendra Solanki, Ashok Solanki, Ankit Gulania, Akshay, Pradeep Mishra and others,against the action of the SHO, Police Station, Bhiwandi alleging that an illegal and ill-motivated raid was conducted on the factory premises of the Golden Bottling Company, Bhiwandi.

The raid was conducted on the FIR lodged, alleging that the company does not have any license for IMFL and it was alleged that the workers in the company informed that under the guise of country made liquor license, different brands of liquor were being manufactured without authority and were being smuggled to Bihar and Gujarat.

The petition filed that the police Station Bhiwadi was without authority and in abuse of powers available under the Police Act. He could not have acted like an Excise Inspector, more so, when the Excise Officer was available, under the Excise Act.

The judge hearing the arguments said “He could not have acted like an Excise Inspector, more so, when the Excise Officer was available, under the Excise Act, the Police has to act in assistance of the Excise Officer as well as in alternate to the Excise Officer, however, it cannot be vice-versa namely; the Police cannot first raid the premise of the manufacturing unit and thereafter call the Excise Officer for its help.”

At last the court asked the  Rajasthan DGP to take appropriate departmental action against all police officials involved in the matter.

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