CHANDRAHAS RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) When the case was called out, Sri Sanjay Kumar Pandey no.5, learned counsel appearing on behalf of the petitioners has filed fresh Vakalatnama. Let it be kept on record.

(2.) Two petitioners, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, in sum and substance have prayed for quashing of the F.I.R. in Kateya P.S. Case No.130 of 1999 which was registered for the offence under Section 47(A) of the Excise Act.

(3.) Short fact of the case is that on a secret information regarding preparation and sale of unauthorized and illegal liquor, a raiding teem was constituted and on 8.9.1999 raid was conducted on three different places i.e. raid was firstly conducted in a brick-kiln of petitioner No.1 where huge quantity of illegal liquor was found. Thereafter raid was conducted in the brick-kiln of petitioner no.2 Naga Rai, where besides huge quantity of illegal liquor, even manufacturing equipment was also found and thereafter third raid was conducted in the premises of one Dinesh Tiwary, who is not before this Court. It is not necessary to give detail regarding recovery from the premises of Dinesh Tiwary. In the raiding team, there were several members including officials of the Police, Excise Department and a Magistrate. After finding such huge quantity of illegal liquor , same were seized and seizure memos were prepared on the date of occurrence and on the basis of self-statement of the Officer Incharge of Kateya Police Station, an F.I.R. vide Kateya P.S. Case No.130 of 1999 was registered for the offence under Section 47(A) of the Excise Act.