BASTI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) A First Information Report dated June 14, 1982 has been lodged against the petitioner Basti Ram under section 61 of the Excise Act (hereafter called 'the Act') at Police Station Safidon at the instance of Mulkh Raj, Deputy Superintendent of Police, Safidon. After the Investigation of the case challan was presented before the Court on October 30, 1982. The trial Magistrate took cognizance of the offence and proceeded with trial against the petitioner. The latter has filed this petition under section 482 of the Code of Criminal Procedure for quashing the aforesaid. First Information Report and the proceedings taken by the trial Magistrate in pursuance thereof on the ground that on the basis of the said police report the trial Magistrate could not have taken cognizance of the offence punishable under section 61 of the Act.

(2.) THE sole point raised by the learned petitioner's counsel is that in view of section 75 of the Act the trial Magistrate could not take cognizance of the offence under section 61 of the Act against the petitioners. Section 75 (1) (a) of the Act is as under : - "75 (1) No Judicial Magistrate shall take cognizance of an offence punishable - (a) under section 61 or section 66 on his own knowledge or suspicion or on the complaint or report of an excise officer; or" It becomes clear from these statutory provisions that the trial Magistrate was not competent to take cognizance of the offence under section 61 of the Act on the basis of a report submitted by the Police under section 173 of the Code of Criminal Procedure. He could take cognizance either on his own knowledge or suspicion or on a complaint or report filed by an Excise Officer. It is, therefore, manifest that the proceedings being taken by the trial Magistrate in pursuance of the aforesaid First Information Report are illegal and without jurisdiction.

(3.) FOR the reasons given above, this petition is allowed. The First Information Report No. 130 dated June 14, 1982, registered at Police Station Safidon, against the petitioner, as well as the proceedings initiated on its basis by the trial Magistrate, are quashed and the petitioner stands discharged. Petition allowed.