JAIPUR: The Rajasthan High Court has asked the police department to pay Rs 10 lakh to a liquor bottling plant for illegally seizing and closing down the plant. Following the incident, the company was not allowed to function since October 2020.
The single bench of Justice S P Sharma also quashed the FIR registered by Bhiwadi police station SHO on October 12, 2020 and set aside further proceedings initiated against the petitioners in the name of investigation by the police.
The court issued the order on six criminal miscellaneous petitions assailing action by Bhiwadi police, alleging that an illegal raid was conducted on the premises of the factory of Golden Bottling Company, which produces and bottles Indian Made Foreign Liquor (IMFL) as well as country liquor.
"The investigation, seizure and entry into the factory premises by the concerned local SHO Jitendra Solanki, Bhiwadi police station, was without authority and he has abused his powers available under the Police Act. He could not have acted like an excise inspector, more so, when the excise officer was available," the court held.
The overzealous attempt by the SHO, supported by his superior officers, is found to be illegal and such exercise of power by police officials is found to be an action of harassment, atrocity, the court held.
The arrest made by the police is clearly illegal. No notice under Section 41 CrPC was served on the petitioners before arresting them, said the court.