LAKSHMI NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of the order taking cognizance of the offence under Section 779, I.P.C. and Section 47-A and 55 of the Bihar Excise Act, 1915 (in short the Act).

(2.) learned counsel for the petitioner has raised a short question. It is contended that the order taking cognizance is wholly without jurisdiction inasmuch as from perusal of the First Information Report and charge sheet, it is clear that the case was instituted and investigated and charge sheet was submitted by the Officer-in-Charge of Pakaribarawan Police Station who is not an Excise Officer under Section 87 of the Act. According to the learned counsel, the prosecution of the petitioners cannot be allowed to continue on the basis of such cognizance taken upon the charge sheet submitted by the Offieer-in-Charge, namely the Sub-Inspector of Police, who is not an Excise Officer. In this connection learned counsel has placed reliance on an order of the learned Single Judee of this Court in the case of Kamla Devi v. State of Bihar [1994 (2) E. Cr. C. 358 (Pat)].

(3.) It appears that in the said case the application was filed for quashing the prosecution of the petitioner of the said case under Section 47 of the Act. The Court, after noticing the fact that the cognizance has been taken upon the charge sheet submitted by the Sub-Inspector of Police, who is not an Excise Officer as required under Section 87 of the Act, held that the prosecution of the petitioner cannot be allowed to continue and, accordingly, quashed the prosecution.