SANDEEP TEWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional General no. 3 for the respondents.

(2.) The petitioner has preferred this writ application for quashing the FIR instituted vide Kishanganj P.S. Case no. 123 of 2021 dtd. 13/3/2021 registered under Sec. 272, 273 and 120B of the Indian Penal Code and Sec. 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016, for directing the respondents to release the tanker lorry bearing registration no. NL01K9511 along with 2500 litres of extra neutral alcohol ('ENA' in short) loaded on it seized in connection with Kishanganj P.S. Case no. 123 of 2021 and to pass other order or orders as the Court may deem fit in the facts of the case.

(3.) The prosecution case based on the self statement of Ashwani Kumar, Police Inspector-cum-SHO, Kishanganj recorded on 13/3/2021 at 10 am is that at 7.15 am the same morning secret information was received that a tanker lorry vehicle bearing registration no. NL01K9511 carrying spirit for preparation of liquor was going towards Purnia. Giving information to the Senior Police Officers the informant reached the Bir Kunwar Bus Stand at Kishanganj at about 9.45 am. He saw the tanker lorry bearing registration no. NL01 K9511 and signaled the driver to stop. On inquiry from the driver of the vehicle namely Md. Mannan, he disclosed that there was a total of 25000 litres of spirit in the tanker lorry meant for preparation of liquor. He was carrying the same from Bhutan and was taking the same to Muzaffarpur. No documents were produced by the driver. It is stated that on inquiry it transpired that the digital lock on the vehicle was open. The informant states that on the digital lock on the same being open, it clearly showed the intention of the owner of the tanker lorry that he intended to sell the same in the State of Bihar. The same was a cognizable offence in view of the complete prohibition of liquor in the State of Bihar. The driver of the vehicle was arrested and a seizure list prepared. On the basis of the self statement of the informant FIR being Kishanganj P.S. Case no. 123 of 2021 was registered on 13/3/2021 under Sec. 272, 273 and 120B of the Indian Penal Code and Sec. 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.