SITARAM Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) On 18.8.91, truck No. BHD 8814 loaded with 501 tins containing about 103 quintals of illicit molasses was intercepted by Respondent No. 3, Excise Inspector, Jehanabad, on Gaya-Jehanabad Road in Bihar. The molasses and the truck were seized. The driver and Khalasi of the truck were arrested and forwarded to the Chief Judicial Magistrate, Jehanabad, with a report dated 18.8.91 (Annexure 2) and seizure list dated 18.8.91 (Annexure 2 (a) alleging contravention of Sec. 10 of the Bihar Molasses (Control) Act and Sections 47(a)(f)(h) and 47A of the Bihar Excise Act, On 25.8.91, District Collector Jehanabad, issued a show cause notice (Annexure 1), to show cause as to why the molasses and truck be not confiscated under Sections 66 and 67 of the Bihar Excise Act.

(2.) Petitioner Sitaram has moved this Court on 12.9.1991 under Articles 226 and 227 of the Constitution of India for quashing the report (Annexure 2) and the show cause notice (Annexure 1) on the ground that the molasses were being transposed from Uttar Pradesh to West Bengal and hence neither the Bihar Molasses (Control) Act nor the Bihar Excise Act is applicable in the instant case.

(3.) Shri Rana Pratap Singh, learned Counsel for the Petitioner referring to different provisions of the Bihar Molasses (Control)) Act and the Bihar Excise Act, has urged that no offence is nude oat in the report dated 18.8.91 (Annexure 2). In this connection he: has referred to other Annexures, including Annexure 3 to the writ petition also.