HARENDRA PRASAD SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this application under Section 482, Cr.P.C. challenging the initiation of criminal proceeding against him and Ors. in Saintala P.S. Case No. 172 of 2006, corresponding to G.R. Case No. 461 of 2006 pending in the Court of learned S.D.J.M., Titilagarh, for alleged commission of offence punishable under Sections 47(a)/57(c) of the Bihar and Orissa Excise Act (for short the 'Act').

(2.) THE facts as alleged in the F.I.R. is that on 07.11.2006 at about 9 P.M. one Santosh Kumar Agarwal, son of late Jugal Kishore Agarwal of village Belgaon, P.S. Saintala, reported to the Saintala Police Station that on last July, 2006 one Ashok Srivastav of Titilagarh came to him and requested him to give a stall from his market complex, which is located at Belgaon on rental basis to open a grocery shop. In this regard the said Ashok Srivastav rented stall No. 4 for opening of grocery shop. Subsequently, he came to know that said Ashok Srivastav has used the shop room for selling of foreign liquor to the public. So he reported the matter to the O.I.C., Saintala P.S. and on receipt such report, the O.I.C., made necessary entry in the Station Diary and proceeded to the spot for enquiry and verification. On arriving at the spot, he found the stall No. 4 was opened and a person was selling liquor in the shop. On further enquiry, the informant found that a huge amount of foreign liquor was stored in the stall and accordingly, the informant seized those articles and took all these articles to the Police Station. He also seized one licence bearing No. 19/2006 -07, which appears to be the original in the name of Atul Sahu, son of Harendra Prasad Sahu of Raghunath Pada, P.S. Titilagarh, Dist -Bolangir, authorized to open the shop at Belgaon. On further enquiry, the informant did not find any specification of plot number, holding number or any number of R.O.R. in the said licence. So the informant suspected the licence and seized all the materials and took it to the Police Station and drew a plain paper F.I.R. at the spot which was registered as Saintala P.S. Case No. 172 of 2006 under Sections 47(a)/57(c) of the Act, which was subsequently registered as G.R. Case No. 461 of 2006 in the Court of learned S.D.J.M., Titilagarh.

(3.) IT is the further case of the petitioner that in the licence the name of the authorized agent and the sales man had also been mentioned and that apart, the present petitioner has been appointed as a Power of Attorney holder of said Atul Sahu for conducting and attending the auction made by the Excise Department and to receive the licence and to enter into agreement on behalf of said Atul Sahu for promotion of the business. So, the petitioner being the Power -of -Attomey holder of Sri Atul Sahu filed the site details of the shop room before the Suptd. of Excise on 21.7.2006 which clearly reveals that the site details of the shop has been given by the Power -of -Attorney holder before the Suptd. of Excise, Bolangir, which is alleged to have been used for storing and selling of foreign liquor. The said site for opening of the IMFL 'Off' shop has been taken into account by the Excise authorities and after due enquiry, the said authorities have given consent for opening of IMFL 'Off' shop over the said plot and accordingly the shop was opened.