- (1.) HEARD learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) THE present application under section 482 Cr.P.C. has been preferred with the prayer for quashing the impugned order dated 4.12.2009 by which a direction was issued for making adverse remark in the character roll of the applicant.
(3.) LEARNED counsel for the applicant contended that the applicant was Inspector In -charge of Rania locality under Police Station Akbarpur, District Kanpur Dehat. On 23.8.2009, while he was on duty along with two constables, he saw two persons who were trying to run away after seeing the police party. Thereafter, with the help of the constables, both persons were caught hold and there was recovery of five litres country made liqour from possession of each of them. The first information report was lodged on the same day against both the accused persons under sections 60 Excise Act and 272 I.P.C. The sample was sent to the public analyst for chemical examination. Subsequently, on the basis of the report of Forensic Science Laboratory, adulteration was found in which Urea and Naushader were present apart from 20.4% Ethyl alcohol. The Investigating Officer submitted charge sheet also under sections 272 I.P.C. and 60 Excise Act. However, since the accused were challaned under section 60 Excise Act? as well as 272 I.P.C. who were sent to jail and they were released after 25 days. Hence observation was made that before received the chemical examination report, they were challaned under section 272 I.P.C. and as such there was carelessness on the part of the applicant and the direction was issued to make adverse remark in the character roll of the applicant by the impugned order dated 4.12.2009.;