WASIF ALIversusSTATE OF U.P. AND 3 OTHERS

            HIGH COURT OF JUDICATURE AT ALLAHABAD

       CRIMINAL MISC. WRIT PETITION No. - 19240 of 2026

Wasif Ali
                                                        .....Petitioner(s)
                                Versus
State Of U.P. And 3 Others
                                                      .....Respondent(s)

Counsel for Petitioner(s)              :   Abhitab Kumar Tiwari
Counsel for Respondent(s)              :   G.A.

Court No. - 47
                 HON'BLE RAJIV GUPTA, J.
                 HON'BLE DEVENDRA SINGH-I, J.

1. Heard learned counsel for the petitioner, learned AGA for the
State and perused the record.

2. The instant writ petition has been filed by the petitioner with the
prayer to quash the first information report dated 23.06.2026, giving
rise to Case Crime No. 465 of 2026, under Section 316(5) of B.N.S.,
2023, Police Station Kotwali Dehat, District Bulandshahr.

3. As per the allegations made in the impugned first information
report, it is alleged that on 17.06.2026, 785 crates of foreign liquor,
belonging to licensee- Rajendra Singh Chadda, was entrusted for
transportation from Kanpur Dehat to Noida by Delhi U.P. Road-Lines
Transport through truck bearing Registration No. RJ-14-GJ-8316. The
said vehicle was driven by the co-accused Muzammil and the
said 785 crates of foreign liquor was to reach at its destination by
19.06.2026, however, by the said date, the loaded goods did not
reach its destination at Noida.

4. On 21.06.2026, the truck was found lying over turned in village
Dostpur, District Bulandshahr, however, information in respect of the
said incident was only given to the first informant on 22.06.2026. On
getting the said information, the first informant along with the police
personnels reached at the place of incident and found that the crates
of foreign liquor loaded in the truck for transportation is far less than
that was actually entrusted for transportation. On physical verification,
out of 785 crates of liquor, 574 crates of liquor was found missing. On
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contacting the owner of the vehicle- Wasif Ali (petitioner) and his
driver- Muzammil, they did not give proper reply and switched off their
Mobile Phone. On the basis of aforesaid misappropriation of 574
crates of foreign liquor, which was entrusted for transportation, the
impugned F.I.R was lodged against the petitioner along with his
driver- Muzammil.

5. Learned counsel for the petitioner has submitted that the petitioner
is wholly innocent and has been falsely implicated in the present case
due to ulterior motive.

6. It is next submitted that from the allegations made in impugned the
FIR, no offence whatsoever is disclosed against the petitioner and as
such, the impugned FIR is liable to be quashed.

7. Learned counsel next submitted that the petitioner, who is the
owner of the truck, is not at all concerned with the transportation of
the liquor entrusted to him and therefore, he could not be held liable
for the offence and the impugned F.I.R qua the petitioner is liable to
be quashed.

8. Per contra, learned AGA has vehemently opposed the aforesaid
prayer and has submitted as per the prosecution case, 785 crates of
foreign liquor was handed over to for its transportation, however, it
did not reach its destination and on the way, 574 crates of foreign
liquor was found misappropriated, thus, prima facie, offence,
complained of, is clearly disclosed against the petitioner. Being the
owner of the vehicle, by which the foreign liquor was being
transported and has been misappropriated and as such, he cannot
escape his liability and prima facie, offence, complained of, is clearly
disclosed against the petitioner.

9. Learned AGA has further submitted that from the allegations made
in the first information report, prima facie offence, complained of is
clearly disclosed against the petitioner and as such, the first
information report cannot be quashed in view of the law laid down by
the Supreme Court in the case of State of Telangana Vs. Habib
Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika
Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others
reported in (2021) SCC Online SC 315 and in a recent decision of
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                                    the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024,
                                    Directorate Enforcement Vs. Niraj Tyagi and others and in view
                                    thereof, no interference at this stage is required in the instant writ
                                    petition and the same is liable to be dismissed.

                                    10. Having considered the rival submissions made by the learned
                                    counsel for the parties and taking into consideration the specific
                                    allegation of the involvement of the petitioner in the said
                                    misappropriation, wherein 574 crates of foreign liquor has been found
                                    missing and did not reach its destination, as such, prima facie, an
                                    offence, complained of, is clearly disclosed against the petitioner.

                                    11. Further, keeping view of the law laid down by the Hon'ble Apex
                                    Court as discussed in the preceding paragraphs and submissions
                                    made by learned AGA for the State as well as in view of seriousness
                                    and gravity of offence, we are of the opinion that the impugned F.I.R.,
                                    which clearly discloses cognizable offence against the petitioner,
                                    cannot be nipped in the bud at this nascent stage, particularly when
                                    574 crates of foreign liquor has been misappropriated.

                                    12. In view thereof, the prayer for quashing the impugned F.I.R is
                                    wholly misconceived at this stage and is therefore refused.

                                    13. The instant writ petition lacks merit and is, accordingly,
                                    dismissed.

                                    September 28, 2026
                                    SFH
                                                                (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad