ANIL KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (for short "CrPC") has been filed for quashing the order dated 16.07.2015 passed by the learned Judicial Magistrate, 1st Class, Samastipur in Excise Case No.43 of 2014 by which he has rejected the prayer of the petitioner for release of the tanker bearing Registration No. WB-37B-8086 which was seized by the Excise Department in connection with Excise Case No.43 of 2014.

(2.) On the basis of the complaint petition filed by the Sub Inspector of Excise, Excise Case No.43 of 2014 was registered on 15.10.2014 in the Court of Judicial Magistrate, 1st Class, Samastipur. The allegation in the complaint is that a tanker loaded with 19800 litres spirit bearing registration no.WB 37B 8086 while standing by the side of the road at a lonely place near Kothia Bazar falling within the jurisdiction of Bangra outpost was raided and searched. Three goods carrier vehicles containing plastic drum of 200 liter were also found parked near the tanker. However, on seeing the raiding team, the drivers managed to escape with those three vehicles. On physical verification, seal of the tanker was found broken. On enquiry, the driver disclosed that he was getting the spirit unloaded on the instruction of one Jameel Bhai.

(3.) It is stated by the complainant that the tanker was seized in accordance with law and a copy of the seizure list was handed over to the driver Shankar Das.