SHYAM KISHORE RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order dated 11.11.1986 passed by Sub-divisional Magistrate, Barh taking cognizance under Section 47(a) of the Bihar Excise Act (to be hereinafter referred to as the Act) in trial No. 468 of 1993.

(2.) In this case Inspector of Police, Pandarak police station lodged a written report addressed to the Officer Incharge of Pandarak Police Station on 2.10.1986 at 6.00 P.M. alleging, inter-alia, that on the same date at 5.30 P.M. when he reached at the country made liquor shop at Pandarak situate by the side of the road then he noticed that the shop was open and the country made liquor was being sold to the persons though on 2nd of October, 1986 according to the terms of the licence the licensee is not permitted to sell the liquor. Seeing the police party the persons who were taking liquor fled away. He apprehended Kishun Mahto and Brahmdeo Das. They were found having bottles of country made liquor with them and they stated that they have purchased it from the country made liquor shop in question. Thereafter, he seized the bottle of country made liquor from their possession. The persons who were selling the country made liquor had stated that he was selling the liquor on 2nd of October, 1986 on the direction of his employer. He did not show the licence nor any paper regarding the sale of country made liquor. Thereafter, he seized the bottles of liquor and Other articles from the shop.

(3.) On the basis of the said written report he himself registered Pandarak P.S. Case No. 90 of 1986 for the offence under Section 47(a) of the Act and after investigation submitted charge sheet on 24.10.1986 and thereafter the cognizance was taken by the impugned order dated 11.11.1988.