RAMESH KUMAR CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel appearing on behalf of Union of India and learned counsel appearing on behalf of the State.

(2.) The petitioner sole accused of G.O.Case No. 372 of 2016 registered for the offence under Section 47(a) of the Bihar Excise (Amendment) Act, 2016 (hereinafter referred to as the ' Excise Act ') has filed the instant application for transfer of the said case from the court of the learned Chief Judicial Magistrate, Nawada where presently pending to the military court i.e., Court Martial at Ranchi.

(3.) Before moving this Court, the petitioner filed a petition for transfer the said case to the Court-Martial at Ranchi on the ground that petitioner is a military personnel governed by the Army Act , 1950 (hereinafter referred to as the 'Act') to be tried by Court-Martial for committing civil offence, but the learned Chief Judicial Magistrate, Nawada rejected the prayer on the ground that petitioner being an accused under the Excise Act and the offence under Section 47(a) of the Excise Act is considered only in the State of Bihar and not in other Sates; moreover, it is also not an offence in defence service and exclusively triable by a Special Court.