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Chirag Dave vs. State of Rajasthan

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Rajasthan Excise Act, 1950–Secs. 19, 54 & 57–Evidence Act, 1872–Secs. 3, 25, 26 & 30–FIR–Prayer for quashment qua the petitioner–Investigation officer impleaded the petitioner only on the basis of statements of co-accused–No allegation or offence was found to be made out during the investigation process–Case diary also does not reflect any independent witness against the petitioner–Name of the petitioner was alleged by co-accused at the fourth stage of interrogation–No other material is available against petitioner–Held, FIR is liable to be quashed qua the petitioner.