MANOJ KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole petitioner while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure has prayed for quashing an order dated 19.12.2006 passed by Sub-Divisional Judicial Magistrate, Dalsingsarai at Samastipur. By the said order the learned Magistrate has taken cognizance of offence under Section 47 (A) (f) of the Bihar Excise Act passed in Excise Case No. 09 of 2006, Trial no. 976 of 2007.

(2.) SHORT fact of this case is that a raid was conducted in the premises of the petitioner where certain intoxicant/materials were found and thereafter a seizure list was prepared. It was found that the petitioner along with other persons was involved in manufacturing illegal liquor. A seizure list was prepared and thereafter seized article was sent for its examination. Subsequently a report was received indicating that the seized articles were liquor containing 63% of alcohol. After submission of the report, the learned Magistrate examined the same and took cognizance of the offence which is under challenge.

(3.) BESIDES hearing learned counsel for the parties, have also perused the materials available on record. By the impugned order, learned Magistrate has taken cognizance of the offence on the basis of report submitted by the Excise Department. Learned Magistrate while taking cognizance has also perused the report of the expert which suggests that the seized article was liquor. At this stage it is not advisable for this Court to examine the matter in detail which is required to be examined by the concerned court. The court is of the opinion that the petitioner has not made out an exceptional case warranting exercise of power under Section 482 of the Code of Criminal Procedure in his favour. Accordingly the petition stands rejected. In this case earlier Lower Court Record was called for which is on the records of this case. In view of the rejection of this petition, the office is directed to remit back the Lower Court Record along with a copy of this order. It is made clear that the learned court below will not be prejudiced by the order of this Court.