POPALI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of the petitioner. However, learned counsel for the respondents is present.

(2.) Through the present writ application, the petitioner has prayed for unsealing the house of the petitioner which has been seized in connection with Chandradeep P.S. Case No. 71 of 2016 registered for the offences punishable under Sections 272 , 273 of the I.P.C. and Section 47 of the Bihar Prohibition and Excise Act , 2016. Further prayer has been made for quashing the order dated 26.04.2019, passed by the Collector, Jamui, in Confiscation Case No.38 of 2016. Relief prayed for in paragraph 1 of the writ application reads as follows:

(3.) The prosecution case got initiated on the basis of written report of Vishesh Kumar, Sub-Inspector of Police submitted to the S.H.O.- Chandradeep Police Station is to the effect that on 12.08.2016, the informant after having received information that the petitioner Popali Devi resides separately with her husband is indulged in the trade of illicit liquor, raided the house of petitioner and from there, 6 litres of country made liquor were recovered. Consequently, the FIR has been lodged under Section 272 , 273 of the I.P.C. and Section 47(a) of the Bihar Prohibition and Excise Act , 2016, as amended by Amendment Act 8 of 2018 (hereinafter referred to as 'the Act').