STATE OF BIHAR Vs. DASRATH BELDAR

JUDGEMENT

(1.) These eight appeals which arise out of orders of acquittal purporting to be under Section 247 of the Code of Criminal Procedure (hereinafter referred to as the Code), were heard together as a common question of law is involved in all these appeals.

(2.) The cases out of which these appeals arise are all cases in which cognizance was taken on the basis of prosecution reports submitted by officers of the Excise Department regarding commission of offences under Section 47 of the Bihar and Orissa Excise Act by the respondents concerned. Cognizance of the cases was taken on different dates ranging from the 22nd January, 1965 (in the case out of which Government Appeal No. 74 of 1966 arises) to the 27 -5 -1966 (in the case out of which Government Appeal No. 73 of 1966 arises) and all the cases were transferred to Munsif Magistrate for disposal according to law after cognizance thereof were taken. Processes were issued on the different dates by the Magistrates concerned, but the attendance of the respon - dents could not be secured and thereafter in all the cases orders were passed acquitting the accused under Section 247 of the Code on different dates on which the Excise Officer, who had submitted the prosecution report, was also absent from the Court. Those orders of acquittal under Section 247 of the Code were passed by the same Munsif Magistrate, namely, Shree S. D. Sharma, on different dates ranging from the 2nd June, 1966, (in the case out of which Government Appeal No. 48 of 1966 has arisen) to the 25th June, 1966 (in the case out of which Government Appeal Nos. 71 and 72 of 1966 have arisen). The orders of acquittal under Section 247 of the Code appear to have been passed because of the absence of the Officer submitting the prosecution reports, namely, the Excise Officer concerned.

(3.) The main contention on behalf of the appellant is that the provisions of Section 247 of the Code had no application to these cases as summons in these cases had not been issued on the basis of any complaint but on the basis of prosecution reports submitted by the Excise Sub -Inspector, which are deemed to be police Reports in view of the provisions of Section 78 of the Bihar and Orissa Excise Act. This particular matter had come up for consideration before me in Government Appeal No. 38 of 1966= (AIR 1968 Pat 392) State of Bihar v. Newal Mahto, which was disposed of on the 20th March, 1968, and the following observations were made in that connection.