UNITED BREWERIES LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Satyabir Bharti, learned Advocate for the petitioner and Mr. P.K. Verma, learned AAG for the State.

(2.) The two writ petitions have been filed for quashing the entire prosecution emanating out of Madhubani Town P.S. Case No. 265 of 2020 instituted for the offences under Ss. 30(a) and 35(e) of the Bihar Prohibition and Excise Act, 2016 and under Ss. 272, 273, 465 and 420 of the Indian Penal Code and restraining the respondents from taking any coercive step against the petitioner/company in pursuance of the aforementioned case.

(3.) On the basis of self-statement of one Dharam Pal, SHO of Madhubani Town Police Station recorded on 14/10/2020, the subject FIR was registered. He has alleged that on 12/10/2020 at about 04:00 P.M., a police officer by the name of Niranjan Kumar Singh brought 24 bottles, each measuring 300 mls. of Ultra non-alcoholic beverage of Kingfisher company which was seized by the police team from one Jiwach Kumar for which a Madhubani Town Station Diary No. 452 of 2020 dtd. 12/10/2020 was recorded.