BHANU PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this application under section 482 of the Code of Criminal Procedure, has challenged the order of cognizance dated 9.1.2006 passed by the Chief Judicial Magistrate, Hazaribagh for the offence under section 47(B) of Excise Act in G. Case No. 558 of 2005 corresponding to T.R. No. 1316 of 2006.

(2.) Heard counsel for the petitioner and the counsel for the State.

(3.) Facts of the case, as it appears, is that a mini truck bearing registration no. BEB 8800 was intercepted by the complainant Excise Officer and the vehicle was found carrying 262.2 litres of foreign liquor. The driver and khalashi of the vehicle namely, Kedar Prasad Gupta and Sumant Kumar who were present in the vehicle failed to produce any document for transporting the liquor. The vehicle was therefore seized and both the driver and khalashi was arrested and a seizure report was accordingly prepared. A case was registered against the arrested driver and khalashi of the truck. The petitioner being the registered owner of the vehicle, filed a petition before the court below claiming release of the vehicle, upon which the court below had called for a report from the investigating officer of the case. It appears further that in spite of the repeated adjournments and stern warning issued by the court, report was not submitted. It was only when the court had sought for explanation from the concerned Excise Officer taking a serious view of the matter, charge sheet was submitted on 9.1.2006 in which the petitioner's name was added in the category of accused. On the basis of the prosecution report, which was submitted, the learned court below took cognizance of the offence against the petitioner as also against the two other co-accused persons.