S K KISHORPURIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three quashing applications arising from Bihar -sharif Police Station Case No. 161 of 1992 relating to offences under sections 47A and 49 of Bihar Excise Act, 1915 and Sections 272/120B of the Indian Penal Code, are being disposed of by this common order.

(2.) CR . Misc. No. 5863 of 1993 has been filed by S.K. Kishorpuria, who is resident of Bhagalpur and is proprietor of the firm, namely, M/s Shiv Shankar Chemicals Industry (Bihar) Ltd. Petitioner in Cr. Misc. No. 5978 of 1993 is Maharana Pratap Singh, who is an employee of the firm M/s Shiv Shankar Chemicals Industries Ltd. Petitioner in Cr. Misc. No. 7367 of 1993 is Shashi Kumar of Samastipur. He is also an employee of the firm, M/s Shiv Shankar Chemicals Industries Ltd.

(3.) ON 31.3.1992 certain vendors reported to the Superintendent of Excise that some sachets (poly packs) were smelling. The complainant went to the Warehouse and took out the samples of spirit and some sachets and sent it to the Excise Chemist at Patna vide Memo No. 488 dated 31.3.1992 for examination. There was no complaint in relation to sachets on 31.3.1992 by any of the vendors. Samples were taken on subsequent dates also. On chemical analysis of the samples, it was found that country liquor in vat no. 3 and sachets essence which had been found was not fit for human consumption. Copy of the analysis report was enclosed along with the F.I.R. According to the analysis report country liquor and sachets contained Acetone. The complainant complained that the Warehouse Officer was liable to be prosecuted on account of presence of Acetone in the liquor which rendered unfit for human consumption which was also against the statute and violation of the licence granted to the Contractor, and the action of the accused persons constitute offence under section 49 and 47A of the Excise Act.