Allowed

Raj Kamal and Anr. v. The State Of Bihar

Patna HC9 Oct 2014CR. MISC./12968/2014

Case brief

AI extract

What is this about?

The High Court of Patna quashed entire criminal proceedings including the cognizance order in an excise case. The court held that discrepancies in inventory reports falsified the seizure list, and the factory was non-functional due to license lapses and regulatory gaps after the petitioner's father's death.

What did the court decide?

Quashing of the entire proceeding including the order of cognizance dated 05.07.2008 in Excise Case No. 59 of 2008.

Raj Kamal and Anr. Vs The State Of Bihar — Quashing and FIR | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 12968 of 2014

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Arising out of P.S. Case No. -59 Year- 2008 Thana - GOVERNMENT OFFICIAL COMP. District- SARAN

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=================================================== 1. Raj Kamal

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Pankaj Kumar Singh Both S/o Late Dilip Kumar Singh R/o Village Mukrera, P.S. Rivilganj, District Saran at Chapra. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Satyavrat Verma (APP)

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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05. 09.10.2014 The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 05.07.2008 passed by the Chief Judicial Magistrate, Saran at Chapra in Excise Case No. 59 of 2008 (Tr. No. 610 of 2013).

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The case according to the Sub-Inspector of Excise is that on 05.07.2008 he raided the premises of the firm known as VIP & MNTP Mukrera at Methwalia and recovered illegal liquor to the tune of 4800 Litres, wine to the extent of 328.32 Litres and 5000 Kgs. of raw molasses along with some other material of which an inventory was prepared. Premises were thereafter sealed and the key was handed over to the S.I. of Rivilganj, Police Station and the present case instituted against the Petitioners.

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Patna High Court Cr.Misc. No.12968 of 2014 (5) dt.09-10-2014

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It has been submitted that fact of the matter is that the father of the Petitioners namely Dilip Kumar Singh had established the firm after having obtained due license from the authorities which was valid till the year 2006. Unfortunately, he died in 2009 after which the factory was closed and all the excisable articles were put under lock and key and given to the Bond Officer who was the then Sub-Inspector of Excise and the factory became non-functional. At that point in time an inventory was prepared and fifteen articles were mentioned therein. Subsequently, the present raid took place where allegedly twenty-six articles including the aforesaid incriminating materials were recovered. Subsequently, at the stage of anticipatory bail the District & Sessions Judge called for a fresh inventory report which again came to fifteen items. Since there were eleven items missing another First Information Report was instituted against the Petitioners as well which ended in a final report.

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The Petitioners submit that the first inventory which was prepared on the occasion of handing over the premises to the Bond Officer and the third inventory prepared at the direction of the District & Sessions Judge tallied with each other thus completely falsifying the second seizure-list upon which the present First Information Report has been instituted. Moreover, when the Factory was already under the custody of the Bond

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Patna High Court Cr.Misc. No.12968 of 2014 (5) dt.09-10-2014

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Officer after the death of the father of the Petitioners there

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was no question of it functioning. No doubt the Petitioners had applied for and had been granted licence under the Drugs and Cosmetics Act till the year 2009 but the factory could not be operational because of paucity of other licenses which were required for running the same.

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On the last occasion, the APP was directed to file a Counter-Affidavit but no affidavit has been filed till date.

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Considering the aforesaid aspects and authentic documents filed herein which in absence of a CounterAffidavit remain undisputed, I am inclined to quash the entire proceeding including the order of cognizance dated 05.07.2008 passed by the Chief Judicial Magistrate, Saran at Chapra in Excise Case No. 59 of 2008 (Tr. No. 610 of 2013).

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Hence, the Application stands allowed.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Raj Kamal and Anr. v. The State Of Bihar

Case brief

What is this about?

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Raj Kamal and Anr. v. The State Of Bihar

Case brief

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