SURENDRA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner has challenged the impugned order dated 25.10.2006 of the learned S.D.J.M., Berhampur in 2(a)(c)(c) case No. 188 of 2006 in taking cognizance of the offence under section 47(a) of the Bihar and Orissa Excise Act and issuance of non-bailable warrant of arrest against him after receipt of the prosecution report bearing No. 7 of 2006-07.

(3.) In case of Inder Mohan Goswami and another v. State of Uttaranchal reported in (2008) 39 OCR (SC) 188. It is held as follows :