R.R.PRASAD, J. - (1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure whereby and whereunder prayer has been made to quash the first information report of Nirsa P.S. case No. 214 of 2007 instituted under Sections 274/275/276/285/419/420/414 of the Indian Penal Code and Section 47A of the Excise Act against the petitioner and others.
(2.) LEARNED Counsel appearing for the petitioner submitted that the instant first information report has been lodged by the Officer -in -Charge of Nirsa Police Station on amongst the other offences under Section 47A of the Excise Act, though by virtue of the provision as contained in Section 87 of the Bihar Excise Act, the police officer is not competent to lodge the case under Section 47A of the Excise Act and hence, any cognizance taken on the basis of charge sheet submitted upon the allegation levelled in the first information report would be bad and hence, the first information report is liable to be quashed. Learned Counsel in support of his submission has referred to a decision rendered in a case of Kamla Devi v. State of Bihar 1994 (2) East Cr. Cases 358 Pat holding therein that prosecution instituted by Sub -Inspector of Police, who is not an Excise Officer in terms of provision of Section 87 of the Excise Act is liable to be quashed. Learned Counsel appearing for the State by filing counter affidavit submitted that when this petitioner and others were found by the informant - Officer -in -charge of Nirsa Police Station carrying something in 23 drums in a vehicle, they were apprehended, who disclosed that drums contain Spirit and it was being carried from Raniganj to Dhanbad. When he was asked to produce documents, he failed to do so and thereupon, a case was instituted not only under Section 47A of the Excise Act but also under various sections of the Indian Penal Code and, hence, there is no illegality in lodging the first information report.
(3.) THUS , the question falls for consideration as to whether police officer is competent to lodge the case under Section 47A of the Excise Act or not?;