Mumbai: The Bombay High Court on Monday issued a fresh notice to an Inspector from the Maharashtra Excise Department while hearing a petition by IRS officer and former NCB's zonal director Sameer Wankhede seeking to quash an FIR registered against him by Kopari police station in Thane on a complaint by state excise department.
Court Directs Submission of Cancelled Licence
A division bench of Justices Ajey Gadkari and RR Bhonsale directed Wankhede to submit a copy of the now-cancelled liquor licence, originally issued in his mother's name and later allegedly including him as a minor.
Allegations Regarding Licence
According to the complaint, the documents submitted to them in 1997 for procuring license, for selling liquor in a restaurant and bar in Navi Mumbai, in Wankhede’s name, were forged. Initially, it was held in the name of Wankhede’s mother. Authorities allege that Wankhede’s name was added as a partner when he was still a minor. The licence was Subsequently cancelled in 2022, following which an FIR was lodged.
Legal Defence and Political Angle
Senior advocates Aabad Ponda and Rizwan Merchant, representing Wankhede, submitted that the complaint was motivated and lacked legal basis. Ponda submitted that Wankhede, while still a few months shy of turning 18, had signed an affidavit in connection with the licence, which has now become the basis of the FIR.
Ponda argued that it was a politically driven case and registered following arrested made by him when he with the Narcotics Control Bureau (NCB). Wankhede had arrested the son-in-law of the then minorities minister, who was with the NCP (Ajit Pawar). Ponda alleged that Nawab Malik had then launched a sustained campaign against Wankhede after the arrest.
Reference to Nawab Malik’s Legal Troubles
He reminded the court that Malik himself was arrested under the Prevention of Money Laundering Act (PMLA) and was granted bail by the apex court on medical grounds.
Interim Protection and Court Observations
Ponda submitted that the sections invoked in the FIR do not apply to the case and the the officer was granted interim protection from coercive action in 2022.
On a court query, Ponda submitted that Wankhede was above 17 years, just a few months short of 18. “The licence was valid and in his mother’s name; their case is that she added his name when he was a minor,” Ponda replied.
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Deletion of Excise Officer’s Name and Next Hearing
The court then asked Ponda to submit a copy of the licence. The court also asked Wankhede to delete the name of the excise officer, who was added as respondent in his personal capacity. The court then issued notice to the excise officer currently serving on the post and kept the matter for hearing after two weeks.
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