ASUTOSH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the order taking cognizance dtd. 7/1/2021 passed in Khunti P.S. Case No.135 of 2020 corresponding to G.R. No.45 of 2021 under Ss. 272, 273 of the Indian Penal Code and Sec. 47A of the Excise Act.

(2.) The order of cognizance has been impugned mainly on the ground that under the Excise Act, it is only excise officials, who are empowered to investigate the offence.

(3.) It is argued that the petitioner was appointed as Depot Manager by Jharkhand State Beverage Corporation Ltd. vide letter No.25 dtd. 3/1/2017 and he was carrying the said seized liquor from the depot to retailer. There is no violation of Sec. 47A of the Excise Act. Reliance has been placed on Prakash Chandra Versus State of Jharkhand, 2006 SCC OnLine Jhar 1030 wherein the criminal proceeding was quashed on the ground that accused had purchased foreign liquor from the shop of the petitioner and the petitioner was a licensee.