HC orders action against cops for ‘designed FIRs’ in liquor cases

AHMEDABAD: The Gujarat prime court docket deprecated police movements to curb the free go with the flow of liquor within the state and directed the state executive to act in opposition to law enforcement officials for shielding bootleggers.
Justice S H Vora on Tuesday observed that investigators incessantly report “designed FIRs” in bootlegging cases, which demonstrate the accused escaping when liquor is seized. The court docket said that the state executive’s failure to test such “designed FIRs” will make the Prohibition Act a show-piece.

The HC raised doubts in regards to the cop’s incapability to nab bootleggers, saying, “The court docket wonders whether or not police have prior data of motion of liquor or the accused have prior data of prior data with the police. Is it the incompetence of police in failing to nab the accused regardless of having prior data or something else?”

The HC observed that phase 97 of the Gujarat Prohibition Act supplies for punishment of officials who abet bootlegging and the government ought to act in opposition to officials under this legislation. “Such provisions are intended to do so qua such ‘designed FIRs’. The free go with the flow of liquor results in many cases of significant physically injury, excluding other health and social issues. The failure to test such ‘designed FIRs’ will make the Prohibition Act only a show-piece,” the court docket order reads.


The court docket made these observations whilst granting pre-arrest bail to Lakhan Chavda, who was booked by way of Bhavnath police station in Junagadh after IMFL worth Rs four.81 lakh was seized. The HC granted Chavda anticipatory bail as a result of he ostensibly managed to escape and was no longer stuck in ownership of the liquor.


While granting anticipatory bail, Justice Vora criticized police inaction in opposition to bootleggers and the fixed structure of FIRs, saying, “For a very long time, the courts on a daily basis come throughout these standard FIRs under the Gujarat Prohibition Act. In a lot of such FIRs, regardless that police have prior details about the motion of liquor together with the exact location and vehicle number, the accused manages to escape, on occasion, even feminine accused.”


The court docket further said, “If the state, if at all desirous about preventing such ‘designed FIRs’ which can be automatically filed by way of police, is required to seem into the problem on an pressing foundation and it is hoped that some sense will be triumphant with regard to action to be taken for such ‘designed FIRs’.”


HC orders action against cops for ‘designed FIRs’ in liquor cases HC orders action against cops for ‘designed FIRs’ in liquor cases Reviewed by Kailash on May 03, 2018 Rating: 5
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