DHIRENDRA KUMAR SINGHALIAS GOPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Dhirendra Kumar Singh @ Gopal Singh has filed instant writ for quashing of FIR of Sarai (Vaishali) P.S. Case No. 89/2006 registered under Sections 487, 488, 420, 34 of the IPC, 47(A) of the Excise Act along with investigation.

(2.) For proper appreciation of the submission raised on behalf of respective parties, brief facts of the case is to be incorporated which happens to be registered on the basis of self statement of S.I., Faiz Ahmad Khan, O/C of Sarai P.S. recorded on 24.8.2006 at 4:00 A.M..

(3.) As per Fardbeyan, the informant had alleged that he received confidential information on 23.8.2006 at about 22.35 hours regarding running of illegal wine shop at Old Hand-pipe Factory over which a raiding party was constituted and after entering into station diary, they proceeded and conducted raid. They found board of M/s Dee Indo German Laboratory at the gate of premises. After entering inside, they found one Mahindra pickup van bearing Registration No. BR-31B-4467 laden with cartoon. Five persons were apprehended who disclosed their identity as Baijnath Singh, Mahesh Singh, Birendra Kumar Ram, Arvind Kumar Tiwari, Ajit Kumar Singh. On search, 120 cartoons of bottle filled with liquid having label of Dr. Special and from campus 40 cartoons Jeevan Vardhak Tonic and other bottles duly sealed, plastic phial, labels of different Homeopathic medicine, spirit, machine, seal, empty container, registers were seized. On query, the apprehended persons disclosed that all the bottles are filled with country made wine. Further, they disclosed that they are employees as well as driver of the pickup van. Further disclosed name of petitioner as owner of the premises and so, he alleged that under the garb of manufacturing of Homeopathic medicine, spurious wine is being manufactured and sold.