RANBIR SINGH Vs. STATE

JUDGEMENT

(1.) This petition filed under section 482 Cr.P.C. by Ranbir Singh, General Manager ( Excise), Govt. of NTC of Delhi seeks the setting aside of the order dated 3rd August 1998 passed by a Metropolitan Magistrate in case FIR No. 75/97 under section 71, Punjab Excise Act, PS Keshev Puram and all further proceedings pursuant thereto.

(2.) Facts which led to the filing of present petition are these. On 16th March 1997 one Vinod Kumar was allegedly found in possession of 50 pouches of country made liquor without any licence and in contravention of the notification issued by Delhi Administration and accordingly said FIR No. 75/97 was registered against him and he was arrested on the same day. Sample lifted from the pouches was sent to Excise laboratory for testing on 3rd April 1997 and the report was not made available by the laboratory by the time the charge sheet came to be filed against said Vinod Kumar on 17th March 1998 before the Metropolitan Magistrate. On 17th March 1998 without taking cognizance of the offence the case was postponed to 17th April 1998 for awaiting the report. On that date for want of report said Vinod Kumar was discharged and notice to show case was ordered to be issued for 13th May 1998 to Director, Excise laboratory by the Metropolitan Magistrate. After considering the reply to show cause notice filed by the petitioner a complaint under section 195/340 Cr.P.C. was ordered to be filed before C.M.M., Delhi by the order dated 3rd August 1998 as in the opinion of the M.M. the petitioner had prima facie committed offences punishable under sections 187/217 IPC. It is this order and the complaint filed pursuant thereto before C.M.M. Delhi which are under challenge in this petition.

(3.) I have heard Sh. S.S. Gandhi for the petitioner and Sh. Akshay Bipin for the State.