AKHTAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both petitioners, who are accused in Trial No.92 of 1997, had earlier approached this Court vide Cri. Misc. No.4408 of 1995 for quashing of F.I.R. It has been stated in paragraph-2 of the petition that the said petition was permitted to be withdrawn with a liberty to move after order of cognizance. In this case, subsequently, charge sheet was submitted by the Sub-Inspector of Police and thereafter, Court below by its order dated 28.11.1995 took cognizance of offence under Section 47-A of the Excise Act and transfered the case to the Court of Sri R.S. Sharma, Judicial Magistrate, 1st Class, Motihari for its disposal.

(2.) Learned counsel for the petitioners has argued, by way of referring to Annexure-6 of the petition, (order dated 6.9.1991 passed in Cri. Misc. No.3194 of 1998 by a Division Bench of this Court) that a Sub-Inspector of Police is not authorized to investigate a case registered under Section 47-A of the Excise Act in view of Section 87 of the Excise Act. Learned counsel for the petitioners submits that in the present case, investigation was conducted by the Sub-Inspector of Police and thereafter, charge sheet was submitted. He further submits that the Sub-Inspector of Police, who had submitted the charge sheet, is not competent to investigate the case. He further submitted that in identical situation, a Division Bench of this Court had quashed the prosecution in Cri. Misc. No.3194 of 1998.

(3.) I have also perused the order, which is at page-23 of the petition. The order is very much clear which reads as follows :