SANJAY KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner in this case is seeking quashing of the First Information Report registered vide Bathnaha P.S. Case No. 45 of 2016 registered under Ss. 420, 467, 472, 473 and 120B of the Indian Penal Code. By amending the writ application, the petitioner has further prayed for quashing of the final form no. 226 of 2022 dtd. 15/7/2022 by which the petitioner has been chargesheeted under Ss. 420, 409, 467, 472, 473 and 120B of the Indian Penal Code. The amendment application was allowed by this Court vide order dtd. 1/8/2022 and an opportunity was given to the State to file its objection by way of an additional counter affidavit. The State has filed its additional counter affidavit whereafter the matter has been heard at length on 1/11/2022 and 3/11/2022.

(2.) As per the First Information Report, M/s Saibya Liquors Private Limited, Sitamarhi (hereinafter referred to as the 'company') acted with an intention to commit fraud and thereby causing loss of revenue to the State Exchequer. It is alleged that the company had manufactured 10,327 cases of Officers' Choice Blue Whiskey, a brand owned by M/s Allied (wrongly typed as 'Spiced' instead of 'Allied' in the FIR) Blenders and Distillers Private Limited (hereinafter referred to as the 'Allied Blenders') for which the company used the FSSAI number of its earlier lessee namely M/s United Spirits Limited (In short 'USL') even though the agreement with M/s USL was revoked in past.

(3.) It is alleged that on coming to know about wrong labelling, the Superintendent of Excise, Sitamarhi vide Memo No. 1189 dtd. 14/8/2015 issued a show cause notice to the Director of the company and in compliance of the same, the Director of the company admitted to having used the FSSAI number of M/s USL. It is, thus, alleged that the Director and other associated employees of the company acted with an intention to commit fraud by using the FSSAI number of M/s USL in an unauthorised manner by doing business on the identity of another person. With these allegations, the FIR (Annexure '1') has been lodged.