VICKY KUMAR Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been field by the petitioner for setting aside the First Information Report (for short 'FIR') of Bairiya P.S. Case No.167 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (for short 'Excise Act') and sections 272 and 273 of the Indian Penal Code.

(2.) It is submitted by the learned counsel for the petitioner that the name of the petitioner has been given in the FIR merely on suspicion. The petitioner was not caught at the spot. There is no material to connect him with the alleged offence. In absence of any cogent material to show that the petitioner was either manufacturing, possessing, buying, selling, distributing, collecting, importing, exporting, transporting or removing any intoxicant or liquor, he could not have been made an accused in a case under Section 30(a) of the Excise Act.

(3.) Per contra, learned counsel appearing for the State submitted that the FIR has been instituted on the basis of a confidential information that the petitioner and others were carrying huge quantity of illicit liquor in a Maruti van. On such information, the police intercepted the vehicle in question, but the occupants of the Maruti van managed to run away. On search of the van, huge quantity of illicit liquor was recovered. He contended that the allegations made in the FIR coupled with the recovery of the huge quantity of liquor would certainly constitute an offence under Section 30(a) of the Excise Act. The offence being cognizable, no illegality can be found with the action of the police in registering the case against the petitioner and investigating the same.