A KOKAN RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner A.Kokan Rao has filed this application under section 482 Cr.P.C. for quashing the impugned order dated 15.02.2006 passed by the learned S.D.J.M., Berhampur in G.R. Case No. 1744 of 2005 in taking cognizance of the offences under section 272 of the Indian Penal Code and section 47(a) of Bihar & Orissa Excise Act and issuance of process against him.

(2.) On the basis of the first information report submitted by Manoranjan Mishra, S.I. of Police, Berhampur Town Police station, Berhampur Town P.S. Case No. 342 of 2005 was registered on 15.11.2005 under sections 272/273 of the Indian Penal Code and section 47(a) of the Bihar & Orissa Excise Act. As per the first information report, it is the prosecution case that on the direction of the Inspector in charge of Berhampur Town police station, while the informant along with other police officials were conducting evening patrolling at about 5.30 p.m. at Gate Bazar, Canal Sahi area, they received reliable information that the petitioner was carrying two plastic jarkins filled with liquor and proceeding towards the Baikuntha Nagar. On receipt of such information, the informant along with other patrolling staff rushed to that area and found that one person was carrying two plastic jarkins in his hand and proceeding towards Baikuntha Nagar and they detained the person and found the two plastic jarkins were full with liquor and the person concerned failed to produce any license or authority for possession of such liquor. As the possession of I.D. liquor is noxious for health of the public which he was taking for selling to the public, the seizure was made and the person concerned disclosed his name and address to be the petitioner in the case. The informant collected samples from the two bottles and seized liquor and lodged the F.I.R.

(3.) On completion of investigation, charge sheet was submitted on 12.02.2006 under section 272 of the Indian Penal Code and section 47(a) of Bihar & Orissa Excise Act against the petitioner as well as one Sk. Kalim.