(1.) This is an application under section 401 read with section 397 of the Crimial P.C. filed by the petitioner Tapan Sahu challenging the impugned order dated 17.11.2016 passed by the learned S.D.J.M., Berhampur in G.R. Case No.602 of 2006 in taking cognizance of offences under sections 272/273/34 of the Indian Penal Code and section 47 (a) of the Bihar and Orissa Excise Act. The said case arises out of Berhampur Town P.S. Case No.120 of 2006.
(2.) The prosecution case, as per the First Information Report lodged by one Prananath Nayak, A.S.I. of Police, Berhampur Town Police Station before the Inspector in charge of Berhampur Town Police Station on 15.05.2006 is that on that day at about 8.15 p.m. while he and havildar R.N. Patra and C/261 R.N. Panda were performing evening patrolling duty at Gandhi Nagar, 10th line, they found one person was moving in a scooter bearing registration No.OR-L-2128 in a high speed towards Gandhi Nagar Canal Sahi. Suspecting the movement of the said person, the informant and other police officials caught hold of him and found that he was carrying 10 liters of I.D. liquor in a plastic jerkin inside a jerry bag and he could not produce any authority or licence relating to the possession of such liquor and disclosed his name as China Ravi. The liquor was seized from the possession of the said accused and seizure list was prepared and sample was collected in a clean and dry bottle.
(3.) On the basis of such First Information Report, Berhampur Town P.S. Case No.120 of 2006 was registered under sections 272/273 of the Indian Penal Code and section 47 (a) of the Bihar and Orissa Excise Act against China Ravi and the petitioner.