AMARESHWAR SAHAY, J. - (1.) HEARD .
(2.) THE prayer of the petitioners in this application is for quashing the entire criminal proceedings initiated against them in Jamtara (Mihijam) Police Station Case No. 122 of 2003, and also for quashing of the order dated 30.9.2003 passed by the Chief Judicial Magistrate, Jamtara whereby, the cognizance for the offence under Section 47 -A of the Bihar Excise Act was taken against the petitioners. The facts in brief are that on 19.7.2003, the police on secret information that the illegal sale of country liquor was being made, raided various places and recovered illegal liquor. In the course, the police raided one Hotel namely Indrapuri Hotel from where, they recovered 40 packets of country made liquor on which Jharkhand Excise was printed, 20 empty bottles of Beer, 200 empty pouch of country liquor and 20 empty bottles of foreign liquor from the possession of the owner of the Hotel namely Arup Kumar Ghosh who disclosed that since last several months, he was purchasing foreign liquors from the shop of Amarendra Tiwari (Petitioner No. 1) and he used to serve the same to his customers. In the said shop of Amarendra Tiwari, Shankar Ghosh (Petitioner No. 2) was working as a Salesman from where foreign liquor was purchased. So far as the countrymade liquor was concerned, Arup Kumar Ghosh stated that he used to purchase it from Munnazerul Hassan @ Munna.
(3.) THE Police after investigation submitted charge -sheet against Shankar Ghosh (Petitioner No. 2) and others whereas, against the petitioner No. 1, no charge -sheet was submitted.;