BADAL JAISWL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the three writ applications arise out of the same F. I. R. and, as such, they were heard together and are being disposed of by this common order.

(2.) ALL the above-mentioned writ petitions have been filed for quashing of the first information report being Barwadda P. S. Case no. 183, dated 31-7-2004 (Annexure-1), which has been registered under Sections 272, 273/34, IPC against the above-named petitioners, who are named in the FIR.

(3.) THE FIR has been registered on the basis of a written report lodged by Sri Narayan prabhakar, Circle Officer, Govindpur. It has been alleged in the first information report that on receipt of secret information that illegal manufacturing and sale of country-made liquor was going on in the premises of k. D. Liquor and Fertilizers Private Limited, the informant along with his team reached at the premises, i. e. K. D. Liquor and fertilizers Pvt. Ltd. on 30-7-2004 at 9. 30 p. m. and made inspection in presence of two independent witnesses. In course of inspection it was found that manufacturing of country made liquor was going on. In course of inspection 35 pouches each containing 200 ML, country- made liquor was found ready. Apart from that, in three storage tanks 3015. 45 bulk litres of country-made liquor was also found. In a tanker lorry bearing No. WB 23-3196, which was standing in the premises 12249. 6 bulk litres of spirit, was also found. On enquiry from one Binod Kumar Sharma, who was present at the spot as to how illegal manufacturing of country-made liquor was going on, he could not give satisfactory answer and stated that it can only be explained by the Manager Ashok Kumar Jaiswal and the owner Badal Jaiswal, who only look after the business. The materials found there were seized and, thereafter, written report was submitted to the police for registering a case. Accordingly, the FIR was registered against the petitioners.