SATVINDER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the judgment dated 16.02.2018 of the High Court of Patna dismissing the application of the appellants filed under Section 482 Cr.P.C. for setting aside the order dated 30.04.2016 passed by the Judicial Magistrate, Nawada in Rajauli Excise Case No.316 of 2016 by which he has taken Signature Not Verified Digitally signed by cognizance of the offence punishable under ARJUN BISHT Date: 2019.07.01 16:30:38 IST Reason: Section 53(a) of the Bihar Excise (Amendment) Act, 2016. The appellants aggrieved by the order of the High Court have come up in this appeal.

(3.) Brief facts of the case necessary to be noticed for deciding this appeal are: The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar to attend a meeting of Rotary Club on 25.06.2016. The appellants were travelling by vehicle No.JH­11K/8146. The vehicle was stopped for routine checkup at Rajauli Check Post, District Nawada, State of Bihar by one Sachidanand, Bharati, Sup­Inspector Excise. Nothing incriminating nor any liquor was found in the vehicle in which appellants were travelling. The appellants were subjected to breath analyser test in which test as per the prosecution case certain quantity of alcohol was found. The appellants were arrested and remained in custody for two days. First Information Report was lodged on 25.06.2016 on which Excise Case No.316 of 2016 was registered. The Chief Judicial Magistrate, Nawada took cognizance by order dated 30.07.2016. The appellants filed application under Section 482 Cr.P.C. praying for setting aside the order dated 30.07.2016 passed by the Chief Judicial Magistrate taking cognizance. The High Court vide its order dated 16.02.2018 dismissed the application under Section 482 Cr.P.C. aggrieved by which order this appeal has been filed.