ASHAB ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This application has been filed for quashing of F.I.R vide Chhauradano P.S. Case No. 16 of 2018 registered for the offence under Ss. 272, 273/34 of the Indian Penal Code and under Sec. 30(a) of the Bihar Prohibition and Excise Act 2016 pending in the Court of learned Special Judge, Excise, Motihari. Further prayer of the petitioner is to declare that Shri T.N. Rai, Sub-Inspector of Police, Chhauradano Police Station is not competent to investigate Chhauradanao P.S. Case No. 16 of 2018.

(3.) The prosecution case is that the petitioner, at the relevant time, was working as head Havaldar in the office of Commissioner of CGST and Central Excise, Headquarter, Patna. The present F.I.R. has been filed by the Bihar Police under Sec. 30(a) of the Bihar Prohibition and Excise Act 2016 and under Sec. 272 and 273/34 of the Indian Penal Code inter alia alleging that the petitioner was indulged in illegal smuggling of Nepali liquor.