SARAT KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Sarat Kumar Sahoo in this application under section 482 of the Code of Criminal Procedure, 1973 has challenged the impugned order dated 03.06.2009 passed by the learned S.D.J.M., Jajpur in G.R. Case No.721 of 2008 in taking cognizance of the offence under section 47(a) Bihar and Orissa Excise Act and sections 109/34 of the Indian Penal Code and issuance of process against him.

(2.) Mr. Arun Kumar Patra, learned counsel for the petitioner submitted that the petitioner is a licensee of three country spirit shops situated at Jajpur town, Rambag and Binjharpur and under the conditions of the license, he is required to lift minimum guaranteed quantity of country spirit liquor from Orissa State Beverages Corporation Ltd., Nirgundi (hereafter 'OSBC'). On 24.11.2008 the petitioner authorized of Brundaban Samal to lift country spirit liquor from OSBC in respect of the aforesaid three shops and accordingly, Brundaban Samal lifted 44 cartoons of 200 ml of country spirit liquor under delivery challan cum- invoice dated 24.11.2008 issued by OSBC, Nirgundi and loaded the same in a pickup van bearing registration no. OR 05 AA 8278 for transportation to the respective shops situated at Jajpur town, Rambag and Binjharpur. It is further contended that the vehicle reached at Jajpur town and unloaded 23 cartoons of country spirit liquor in the go down of Jajpur country spirit shop and while the vehicle was proceeding to the other two country spirit shops, the S.I. of Jajpur illegally seized the liquor purchased from OSBC. In support of contention, the learned counsel for the petitioner has annexed the licenses issued from 01.04.2008 to 31.03.2009 in respect of the three country spirit shops situated at Jajpur town, Rambag and Binjharpur by the Superintendent of Excise, Jajpur and he has also annexed the delivery challans -cum- invoices dated 24.11.2008 issued by the OSBC. It is further contended by the learned counsel for the petitioner that the ingredients of offence under section 47(a) of the Bihar and Orissa Excise Act are not attracted and though all the necessary documents were produced before the investigating officer but without considering the same, in a mechanical manner charge sheet has been submitted and the learned S.D.J.M., Jajpur without proper application of mind has passed the impugned order in taking cognizance of the offences and issuing process against the petitioner. It is further contended that in view of the fact that no illegality has been committed by the petitioner in transporting the country spirit liquor cartoons after lifting the same from OSBC, Nirgundi under valid delivery challans -cum- invoices, unless this Court invokes its inherent power under section 482 of Cr.P.C. to quash the impugned order so far as the petitioner is concerned, the petitioner will be seriously prejudiced.

(3.) Mr. Chita Ranjan Swain, learned Addl. Standing Counsel for the State on the other hand placed the counter affidavit which has been filed on behalf of the opposite party. In the affidavit it is mentioned as follows:-