RANJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Khusrupur P. S. Case No. 21 of 2017, dated 5 th of February, 2017, was registered on the basis of a suo motu complaint made by one Mritunjay Kumar, SHO, Khusrupur Police Station, alleging, inter alia, that on 4th of February, 2017 at about 10.00 P.M. in Hardas Bigha Petrol Pump on NH 30 old road under the said police station, he was performing night patrolling duty along with S.H.O., Vinay Kumar Mishra, Constables of Armed Forces, namely, Anil Kumar Singh, Mithilesh Kumar, Rakesh Kumar Singh Das and Rana. When they reached near Hardas Bigha Petrol Pump, one Md. Mustaqe attached to Special Task Force (herein after referred to as the STF) of Patna informed him on telephone that they received a secret information to the effect that some people from the State of Haryana formed an organized syndicate to sell liquor in no liquor State of Bihar. It was also informed that for the last two or three months, a group of persons forming a syndicate, had been selling liquor by transporting it in closed containers inside pickup vans in order to earn huge sum of money. Even on 4th of February, 2017, a big pick up container with Registration No. HR62-8670 with a sticker 'Bank Duty, Government of India', pasted thereon with ZX Plus Security, persons were moving at different places of the State and supplied Indian Made Foreign Liquor (herein after referred to as the 'IMFL' for short) to Diara area via Gyaspur Pipa Pul and Khusrupur and the said pick-up van was followed by a Tata Indigo Car, bearing Registration No. BR1CF-2846, which also carried liquor inside it. The leader of the syndicate member would come soon to receive the money in exchange of supplying liquor.

(2.) On receiving the said information from STF, the informant gave necessary instructions to the force, and the police personnel, accompanying the informant, started waiting for arrival of the said container. At about 11.00 P.M., a security van having Registration No. HR-62-8670 came from the Gyaspur side. The police party surrounded the said vehicle and stopped it. Meanwhile, a Tata Indigo ECSXL Car, bearing Registration No. BR01CF-2486 also came from behind and was apprehended. Meanwhile, Commando Team of STF also reached the location. In order to witness police action, local people assembled at the spot. The police called two independent witnesses, namely, Nandu Paswan and Umesh Kumar and conducted search of the security van and closed container attached therewith. The police recovered a cartoon of Haryana made 375 ml. Royal Stag Classic Whisky (24 bottles) in which two bottles are empty. In the said cartoon and bottles, it was specifically stamped 'for sale in Haryana only'. On being asked, the driver of the security van told his name as Sumit Bajaj, resident of Hisar in Harayana. A young man was sitting on the left side of the driver, he told his name as Mayank Bajaj. He was also a resident of Hisar. Then, the police party seized the said Tata Indigo Car. One Ranjeet Kumar @ Guddu was driving the said car. Another person, who was sitting on the seat by the side of the driver, disclosed his name as Ajayant. The persons, who were sitting on the back seat of the said car were Anil Kumar Jaiswal and Santosh Chaudhary. On search, police recovered one cartoon of 375 ml. Royal Stag Classic Whiskey from the boot space of the car. The IMFL recovered from pickup van and the Tata Indigo car were seized by the police and proper seizure list was prepared. The apprehended persons could not produce any document in support of their possession and sale of IMFL in Bihar. Accordingly, they were arrested. It was learnt on interrogation that the accused persons used to run a syndicate to sell IMFL illegally in Bihar. The seized liquor was ordered by Ajayant and those were supposed to be unloaded in the house and shop of one Lagan Ram at Virpur, Diara within the police station Jurabanpur. It was also learnt during interrogation that two cartoons of liquor were supplied to one Arjun Rai at Patna. The accused persons made statement that on the request of Ajayant, they supplied IMFL to Vaishali and Patna and many other places by the same pick up van. They also disclosed that 116 numbers of cartoon of IMFL were stored in his house and shop of Arjun Rai. In return, Ajayant received Rs.5,00,000.00and total outstanding amount was Rs.8,12,500.00. On completion of search and seizure, Mritunjay Kumar lodged the compliant.

(3.) Again, one Navin Kumar Singh, Sub-Inspector of police attached to Jurabanpur Police Station lodged a suo motu complaint to the effect that on 5th of February, 2017 at about 10.30 P.M., he left the police station with police force for night patrolling and conducting raid. In course of night patrolling, they reached near Shivnagar Lakarbaba Chowk. At around 02.15 A.M., the Officers attached to Khusrupur Police Station and the members of STF informed the said Navin Kumar Singh that they received an information that a group of miscreants procured liquor from the State of Haryana to supply them illegally in various places at Patna, Virpur Diara and other areas for the purpose of storing and selling liquor in violation of its ban. They also informed that during raid, they arrested six persons. It was also informed to them that the accused persons supplied 70 cartoons of liquor behind Arjun Rai's warehouse. In order to verify the said information, the police party along with Special Armed Police, Sudama Mandal, Gandhari Prasad and Jalil Mohammad reached Arjun Rai's hideouts and conducted search and raid. At the same time, officials of Khusrupur Police Station and S.T.F. of Patna reached there with the Armed Forces and searched as per statement of the accused persons. During search, IMFL was found from a room of Bindeshwar Rai's house. The said IMFL was seized in presence of two independent witnesses. Total quantity of IMFL was 70 cartoons of different brands. Seizure list was prepared in presence of the independent witnesses and accused Sumit Bajaj, Ajayant, Mayank Bajaj, Anil Kumar Jaiswal, Ranjeet Kumar, Santosh Chaudhury, Arjun Rai and Bindhshwar Rai were examined.