SHAMSHER ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and he State.

(2.) The prayer of the petitioner is for quashing the First Information Report vide Jalalgarh Police Station Case No. 16 of 2010 registered on 26.3.2010 for the alleged offences under Sections 413, 414/ 34 of the Penal Code and Section 135 of the Customs Act, upon seizure of 496 Kgs. of bete! nuts contained in -62 bags, pending in the Court of the Special Judge, Economic Offences, Purnea. The further prayer is for directing the respondents to pay the cost for initiation of the aforesaid police case registered on the basis of inadmissible statement and also for restitution of the injury and pecuniary loss. Pending disposal of the writ application, the petitioner prays for release of the aforesaid betel nuts.

(3.) A counter affidavit as also a supplementary counter affidavit has been filed on behalf of the State opposing the prayer of the petitioner.