Bombay HC Quashes Case Against Ex-MLC Over Rs 4.75 Lakh Cash Found In Car During 2014 Election Campaign, Criticizes Police For 'Uncalled Report'

The Nagpur bench of Bombay High Court recently quashed a criminal case registered against former MLC Sagar Meghe after Rs. 4.75 lakh cash was found in a vehicle during his campaign for the 2014 parliamentary election.

A division bench of Justice Vinay Joshi and Justice Vrushali V Joshi allowed Meghe's application for quashing of the charge-sheet against him for offences under Sections 171-H (Illegal payments in connection with an election) and 188 (disobedience to order duly promulgated by public servant) of IPC, and Section 123 of the Representation of the People Act, 1950.

“the learned Counsel for the applicant has produced a copy of Government of India Notification dated 28.02.2014 to impress that for contesting election for parliamentary constituency, the maximum limit for election expenses in the State of Maharashtra is of Rs.70 lakhs. In that context, mere finding of cash amount to the tune of Rs.4.75 lakh cannot be construed as an offence under either of the statute. It is also submitted that there is no declaration that said vehicle was used for election campaign”, the court observed.

The court criticized the careless attitude of the police in invoking Sections against Meghe that do not apply at all and emphasized the importance of verifying charge-sheets before filing them in court.

“The little amount of care would have prompted verifying authority to arrive to the conclusion that there exists no material in support of the charges levelled. In that case, the Police would not have filed charge-sheet in the Court. The consequence of filing charge-sheet are many fold. The person named as an accused require to obtain bail, attend Court and face prosecution. Moreover, uncalled police reports would increase the docket which is ultimately a futile exercise in the Courts of law. We expect that the Police shall take proper care before filing of charge-sheets, to verify and only on satisfaction file it in the Courts of law.”

According to the facts presented in the application, during the 2014 parliamentary elections, the police intercepted a Scorpio vehicle at a checkpoint set up by the Dattapur Police Station at Mangrul T Point. The vehicle was being driven by co-accused Manoj Dhatewar and was allegedly used in the election campaign for the petitioner's candidature.

Subsequently, the police discovered a cash amount of Rs. 4.75 lakh, two liquor bottles, and election material in the form of stickers of a political party during a search of the vehicle. The Tahsildar lodged a report, leading to the registration of a crime.

The court noted that Section 123 of the Representation of the People Act merely defines the term 'corrupt practices' and does not attract penal consequences under the Act itself. Additionally, it was not the prosecution's case that the petitioner engaged in corrupt practices during the parliamentary elections.

Section 171-H of the IPC makes it illegal for anyone, unless authorized by a candidate, to incur any expenses in connection with the promotion of the candidate's election. The court ruled that this section could not be invoked against the petitioner, who was the candidate himself, as the provision applies to individuals acting without the candidate's authority.

The court observed that the basic requirement of Section 188 of the IPC had not been met, as there was no order issued by a public servant, the breach of which was alleged. Further, the court highlighted the procedural lapse in the filing of the charge-sheet, noting that it was based on a report lodged by the Tahsildar and not by the concerned public servant or his subordinate, as required by Section 195 of the CrPC.

In light of the above findings, the court quashed the charge-sheet and directed the Magistrate to pass an appropriate order regarding the refund of the cash amount and disposal of the liquor bottles in accordance with the law.

Case no. – Criminal Application No. 1575 of 2023

Case Title – Sagar D. Meghe v. State of Maharashtra

Click Here To Read/Download Order