RAMANKUMAR HANSRAJ GAKHAR vs STATE OF GUJARAT

R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
02/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12604 of 2026
FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER

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Approved for Reporting Yes No
NO
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RAMANKUMAR HANSRAJ GAKHAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
==========================================================
CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 02/09/2026

JUDGMENT
1. By way of filing the present petition under Articles
226 and 227 of the Constitution of India r/w Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
the applicants-accused have prayed to quash and set
aside the FIR being C.R. No.11189005240545 of 2024
registered with Morbi Taluka Police Station, District
Morbi for the offences punishable under Sections
65(a), 65(e), 81, 83, 98(2) and 116-B of the Gujarat
Prohibition Act and under sections 465, 467, 468,
471, 120-B and 201 of the Indian Penal Code as well
as all consequential proceedings arising therefrom
qua the applicants herein.
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2. Heard the learned advocate Mr. L.M.Zala for the
petitioner.
3. Learned advocate Mr. Zala, appearing for the
petitioner, submits that the petitioner was not named
in the impugned FIR; however, he was subsequently
arraigned as accused No.12. It is submitted that, in
the chargesheet, the petitioner has been shown in
Column B-4 as an absconding accused.
4. It is further submitted that the petitioner was holding
a valid licence and was a partner in M/s. Hansh Raj
and Sons as well as M/s. Shahkot Wine . It is
submitted that, at present, an inquiry has been
initiated against the petitioner by the Excise
Department, Punjab. In view of the aforesaid
circumstances, it is urged that the impugned FIR
deserves to be quashed and set aside qua the
present petitioner. Learned advocate Mr. Zala has
placed reliance upon the decision rendered by this
Court in the case of Kantilal G. Tandel v. State of
Gujarat and others , rendered in Criminal Misc.
Application No.15693 of 2013, and submitted that, in
an identical factual situation, this Court had
protected the accused by quashing the FIR on the
ground that, where an accused is holding a valid
licence issued by another State, the provisions of the
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
02/09/2026
prohibition law applicable within the State of Gujarat
would not, merely on that count, become applicable
to such person. Relying upon the aforesaid decision,
it is submitted that the impugned FIR deserves to be
quashed and set aside. It is further submitted that
the order passed by the Excise Department imposing
penalty upon the petitioner has already been stayed
in the revision proceedings. In view of the aforesaid
circumstances, learned advocate Mr. Zala has urged
that the present petition may be allowed.
5. Learned APP Mr. Jay Mehta submits that the
investigation is at large therefore no interference is
prayed for.
6. Having considered the submissions advanced by
learned advocate Mr. Zala, appearing for the
petitioner and learned APP Mr. Mehta this Court
deems it appropriate to refer to the allegations
levelled against the petitioner in the chargesheet,
which are reproduced hereinbelow:
The accused, namely Raman Kumar, son of Hansraj
Gakhar, residing at 89/A, Model Town, Kapurthala –
144601, Punjab, is the proprietor of First Liqueurs,
situated at Kapurthala, and is also a partner in
Hansraj & Sons and Shahkot Wines. The said accused
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holds an L-R category retail liquor licence.
During the course of the raid conducted in
connection with the present case, the batch numbers
and QR codes of the bottles of English liquor/beer tins
seized were obtained, and on the basis thereof, an
inquiry was made with the Excise Department,
Punjab. During such inquiry, it was revealed that the
seized English liquor had been manufactured by
Amour Beverages, Patiala, Punjab (Tuborg Beer);
CDBL, Bannur, Punjab (Royal Challenger and
McDowell's No.1 Whisky); Om Sons & Marketing,
Bathinda, Punjab (All Seasons Whisky); and Pernod
Ricard India Pvt. Ltd., Dera Bassi, Punjab (Royal Stag
and Blender's Pride Whisky).
It was further revealed that the aforesaid liquor had
been supplied by the said manufacturing companies
to firms holding L-1 category liquor licences, namely
Anant Wines & Spirits, Brindco Sales Pvt. Ltd.,
Rajinder Singh and Unique Enterprises. The
investigation further revealed, on the basis of the
written information furnished by the Excise
Department, Punjab, that the bottles/tins of English
liquor/beer of the brands Royal Challenger Whisky,
Royal Stag, Tuborg Beer, and Blender's Pride seized
in the present case had been supplied to the
accused's firms, namely First Liqueurs, Hansraj &
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
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Sons and Shahkot Wines, by Anant Wines, Brindco
Sales and Rajvinder Singh, respectively.
Thus, during the course of investigation, it has
emerged that the accused had obtained a large
quantity of English liquor/beer tins from the aforesaid
L-1 licence holders for retail sale, but instead of
selling the same through retail channels, had stored
the said stock and, pursuant to a pre-planned
conspiracy, had removed the QR codes and batch
numbers thereof. It has further emerged that, in
violation of the Excise Policy, the accused, in
collusion with Umesh Beniwal, despite being fully
aware of the fact that prohibition is in force in the
State of Gujarat, smuggled the said liquor into the
State of Gujarat with the intention of obtaining
wrongful/illegal financial gain and thereby derived
substantial financial benefit.
During the course of investigation, efforts were made
to trace the accused at his residential address as well
as at the places where he was likely to be found;
however, he could not be located. There is also little
likelihood of his being found in the near future. Since
it is necessary to file the charge-sheet against the
accused within the prescribed period, the accused
has accordingly been shown as absconding.
7. It also emerges from the record that the present
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
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petitioner has been shown as an absconding
accused, against whom a warrant under Section 70 of
the Code of Criminal Procedure has been issued. It
further emerges that the partner of the present
petitioner had preferred an application for
anticipatory bail, which came to be rejected by this
Court. The material collected during the course of
investigation further reveals that the present
petitioner had allegedly attempted to shield one
Vishal Rathod by projecting him as the owner of the
shop and by creating a power of attorney in his
favour. The statement of the mother of the said
Vishal Rathod, recorded on 06.01.2025, reveals that,
though Vishal had not signed the alleged power of
attorney, the present petitioner had conveyed to the
witness that an amount of Rs.5 Lakh was to be paid
and had further instructed her to produce Vishal
before the concerned Police Station. It also emerges
from the record that, though the present petitioner
was holding an L-2 licence, i.e. a licence for retail
sale of liquor, the investigation reveals that liquor in
huge quantities, allegedly covered under an L-1
licence, was supplied by the present petitioner. The
material collected during the course of investigation,
therefore, prima facie indicates the involvement of
the present petitioner in the alleged activities.
Furthermore, the Office of the Excise Commissioner,
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
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Punjab, has submitted a report to the Police
Inspector, SOG, Gujarat State, wherein the following
has been stated:
xxx
Reference: Letter No.SOG Outward No.145/2024
dated 10.04.2024
vide the letter cited in the reference, you have
shared 14 QR Codes scanned from liquor bottles in the
aforesaid case. The detail of the licensee on the last leg of
the supply chain is given hereunder:
Sr
No.
Offence Police Station QR Code Licensee at
Wholesaler/
the last leg
Retailer
of the
supply
chain
1 CR.No.151/
Malpur Police
QR/FL/2023-
2024/1060AFID5ETZ
M/s
Pratham
Retailer
2924
dt.22.03.20
Station,
Aravalli
S2
Liquor
Kapurthala
24
District
Gujarat
2 QR/FL/2023-
2024/2876AFLP4EHH
M/s Hansraj
Retailer
and Sons,
X2
Sultanpur
3 QR/FL/
2023.2024/1634ΑΕΡΕ
M/s
Shahkot
Retailer
8ΜΒΡΒ2
Wine,
Kapurthala-
2
4 QR/FL/2023-
2024/1060AFID5ETZ
M/s
Pratham
Wholesaler
S2
Liquor
Kapurthala
5 QR/FL/2023-
2024/2876AFLP4EHH
M/s
Rajindra
Retailer
X2
Wine,
Batala-1
6 QR/FL/2023-
2024/3556AFLI5JZYH
M/s
Rajindra
Wine, Sh.
Hargobindp
Retailer
2
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
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ur
7 QR/FL/2023-
2024/1060AFID5ETZ
DUPLICATE
S2
8 QR/FL/2023-
2024/2876AFLP4EHH
DUPLICATE
X2
9 QR/FL/2023-
2024/1060AFID5ETZ
DUPLICATE
S2
10 QR/FL/2023-
2024/1060AFID5ETZ
DUPLICATE
S2
11 QR/FL/2023-
2024/3556AFLI5JZYH
DUPLICATE
2
12 QR/FL/2023-
2024/2876AFLP4EHH
DUPLICATE
X2
13 QR/FL/2023-
2024/5444AFFM4CG
Hoshiarpur
Retailer
City.
BW2
14 QR/FL/2023-
2024/1634AEPE8MB
M/s
Shahkot
Retailer
PB2
Wine,
Kapurthala-
2
8. It also emerges from the material collected during
the course of investigation that the present petitioner
has criminal antecedents, including one case
registered in the State of Bihar and another in the
State of Uttar Pradesh. Furthermore, the statement of
one of the partners, namely, Ashwinikumar, recorded
on 22.07.2024, reveals that, despite the present
petitioner being aware that liquor covered under an
L-1 licence could not be transported into the State of
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
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Gujarat, he nevertheless allegedly attempted to
transport the same. It is further revealed from the
said statement that the petitioner had allegedly
created a false partnership deed and uploaded the
same on the website of the Excise Department.
9. At this stage, more particularly when the
investigation in the F.I.R. is still in progress, this
Court finds it extremely difficult to accept the
contention that the applicants cannot be held liable
for prosecution in respect of the offences punishable
under the provisions of the Bombay Prohibition Act
arising out of the F.I.R. registered within the State of
Gujarat. The manner in which the consignments are
alleged to have been clandestinely supplied and
transported into the State of Gujarat prima facie
raises serious questions with regard to the
involvement and complicity of the applicants in the
alleged offences. At this stage, it would not be
appropriate for this Court to undertake a detailed
examination of the material collected during the
course of investigation or to record any conclusive
finding with regard to the role attributable to the
applicants. The precise nature and extent of their
involvement, if any, can be brought on record only
upon completion of a proper and fair investigation. In
the aforesaid circumstances, this Court is not inclined
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R/SCR.A/12604/2026 (GJHC240643442026) JUDGMENT DATED:
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to exercise its extraordinary jurisdiction at this stage
so as to interdict the investigation or to hold that the
applicants are not liable to be prosecuted for the
alleged offences.
10. The judgment relied upon by learned advocate
Mr. Zala in the case of Kantilal G. Tandel (supra)
is distinguishable on facts. In the present case, the
licence issued to the applicant is an L-2 licence, i.e. a
retail liquor licence, whereas the applicant is alleged
to have transported liquor covered under an L-1
licence, which he did not possess. In the considered
opinion of this Court, the ratio of the said decision
would, therefore, not render any assistance to the
applicant in the facts of the present case.
11. As the investigation against the present
petitioner is still in progress and has not yet
culminated in the filing of the chargesheet, coupled
with the fact that the warrant issued under Section
70 of the Code of Criminal Procedure continues to
remain in operation, this Court is of the considered
opinion that, at this stage, no case is made out for
entertaining the present petition. The present
petition, therefore, does not merit consideration and
is liable to be rejected.
12. In view of the aforesaid material and
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considering that the investigation is still in progress,
the chargesheet has not yet been filed and the
warrant under Section 70 of the Code of Criminal
Procedure remains in operation, this Court finds no
ground to exercise its extraordinary jurisdiction in
favour of the petitioner. The present petition is,
accordingly, rejected.
(M. K. THAKKER,J)
M.M.MIRZA
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