Neutral Citation No. - 2025:AHC:34943 Court No. - 76 Case :- APPLICATION U/S 482 No. - 34194 of 2024 Applicant :- Lakshman Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Singh,Pramod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet No.189 of 2021 dated 13.06.2021 and its cognizance order dated 11.09.2024 in reconstruction No.02 of 2024 (State vs. Laxman), arising out of Case Crime No.0044 of 2021, under Section 60 of Excise Act, Police Station Kotwali, District Ballia, pending in the court of Chief Judicial Magistrate, Ballia. 3. Learned counsel for the applicant submits that there is no report on record which could remotely connect the applicant to the offence alleged in the charge sheet. The applicant's role surfaced only after C.D. No.5 on the statement of the Excise Inspector in which the applicant is stated to have the licensee of the shop to whom the consignment of liquor was dispatched from the go-down situated at Nibiya Pokhara of one Sunil Srivastava. There is no adverse entry against the applicant in the police report. There is no previous involvement of the applicant in any other case. The applicant is a man of clean antecedents and has been falsely implicated by the Excise Department in connivance with the police officer. 4. Per contra, learned A.G.A. states that the consignment of liquor dispatched to sell from the applicant's shop as the licensee was found to have sold in the premises of one Shiv Kumari from where huge recovery has been made by the police. It is correct that the applicant's role subsist during the investigation on the statement of Excise Inspector after verification of relevant documents but the same cannot involve the applicant from the criminal offence, therefore, the prayer for quashing the aforesaid proceedings is liable to be dismissed. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State and having perused the material available on record, I found force in the argument of the learned A.G.A. that it is insignificant whether an individual's name is surfaced in F.I.R. or during investigation what does matter was incriminating material on the basis of which the charge sheet has been filed. 6. Prima-facie, there is sufficient evidence on the basis of which offence under Section 60 of Excise Act is made out. 7. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 10.3.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad