- (1.) HEARD Sri Ranjan Kumar Singh, learned counsel appearing on behalf of the petitioner and Sri. Shekhar Sinha, learned counsel appearing on behalf of the State.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with GOCR Case No. 84 of 2002 which has been instituted under Section 47 (a) of the Excise Act and Section 135 of the Representation of the People Act.
(3.) THE allegation as has been made out in the prosecution story is that, in course of a search outside the railway gate at Madhupur Railway Station, 44 bottles of foreign liquor totalling 7.920 litres were recovered from the possession of one Rajesh Tiwary from his bag leading to the institution of the case. Learned counsel for the petitioner has submitted that prima -facie from a perusal of the prosecution report as well as the seizure list, no case is made out against the petitioner so as to prosecute him for the offences under Section 47 (a) of the Excise Act and under Section 135 of the Representation of People Act. He further submits that the entire allegation is against one Rajesh Tiwary and the petitioner nowhere comes in the picture so as to prosecute him in this case.;