PATNA, India, April 16 -- Patna High Court issued the following judgment on March 16:

1. Heard Mr. Rajendra Prasad, learned senior counsel assisted with Mr. Ritesh Kumar, Mr. Pramod Kumar and Mr. Dhirendra Kumar, learned counsels for the petitioner and Mr. Khurshid Anwar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks quashing of the order of cognizance dated 10.06.2022 passed in connection with Biraul P.S. Case No. 250 of 2021 whereby and whereunder the learned 2nd Special Excise Judge, Darbhanga has taken cognizance of the offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2018.

3. The prosecution case is that the Station House Officer, Biraul Police Station along with Chowkidar, Bambam Kunwar were on patrolling duty, an information was received that the liquor is being sold near the house of the petitioner upon which they reached there and found that 4-5 persons were fleeing away and on chase they could not be caught. From a pick up van which was parked near the house of the petitioner 1143 litres wine of different brands were seized and the pick up van was also seized.

4. As per the FIR, the place of recovery is near the house of the petitioner and his father. The recovered pick up van does not belong to the petitioner nor he is driver of the vehicle. During investigation only the official witnesses were examined and not a single witness from the locality was examined. Moreover, the name of the petitioner transpired on the statement of the Chowkidar and no document relating to owner-ship of the vehicle has been brought on record. Apart from the seizure-list, there is absolutely no material to ascertain where the seized liquor was kept. The custody of contraband and the chain of its custody are extremely unclear. In the considered opinion of this Court, it will be well nigh impossible to record a conviction on such shaky and doubtful material.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the quashing of the cognizance order dated 10.06.2022.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NiM1OSMyMDIzIzEjTg==-NjM8mcwzxpI=)

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