Liquor cases: 'Designed FIRs' irk Gujarat HC

AHMEDABAD: The Gujarat top court deprecated police actions to curb the unfastened waft of liquor within the state and directed the state govt to behave in opposition to cops for protecting bootleggers.
Justice S H Vora on Tuesday noticed that investigators often file “designed FIRs” in bootlegging circumstances, which display the accused escaping when liquor is seized. The court stated that the state govt’s failure to check 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 wonders whether or not police have prior knowledge of movement of liquor or the accused have prior knowledge of prior knowledge with the police. Is it the incompetence of police in failing to nab the accused regardless of having prior knowledge or something else?”

The HC noticed that segment 97 of the Gujarat Prohibition Act provides for punishment of officials who abet bootlegging and the federal government must act in opposition to officers below this regulation. “Such provisions are meant to do so qua such ‘designed FIRs’. The unfastened waft of liquor results in many circumstances of significant bodily harm, apart from different well being and social issues. The failure to check such ‘designed FIRs’ will make the Prohibition Act just a show-piece,” the court order reads.


The court made these observations while granting pre-arrest bail to Lakhan Chavda, who was booked through Bhavnath police station in Junagadh after IMFL worth Rs four.81 lakh was seized. The HC granted Chavda anticipatory bail because he ostensibly controlled to flee and was now not stuck in possession of the liquor.


While granting anticipatory bail, Justice Vora criticized police inactiveness in opposition to bootleggers and the mounted layout of FIRs, saying, “For a very long time, the courts each day come throughout these standard FIRs below the Gujarat Prohibition Act. In numerous such FIRs, though police have prior details about the movement of liquor together with the exact location and car number, the accused manages to flee, from time to time, even female accused.”


The court further stated, “If the state, if in any respect eager about preventing such ‘designed FIRs’ that are mechanically filed through police, is needed to seem into the problem on an pressing basis and it's was hoping that some sense will prevail with regard to motion to be taken for such ‘designed FIRs’.”


Liquor cases: 'Designed FIRs' irk Gujarat HC Liquor cases: 'Designed FIRs' irk Gujarat HC Reviewed by Kailash on May 03, 2018 Rating: 5
Powered by Blogger.