PATNA HIGH COURT ISSUES ORDER ON AKASH KUMAR SINGH V/S THE STATE OF BIHAR

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

1. The present appeal has been filed within time, accordingly, the same is admitted for hearing.

2. Call for the Lower Court Record of Excise Case No. 968 of 2021 arising out of Udwantnagar P.S. Case No. 226 of 2021 from the court of learned Additional Sessions Judgecum-Special Judge Excise Court No. II, Bhojpur at Ara / concerned court.

3. The present appeal has been preferred by the appellant against the judgment of conviction dated 04.04.2024 and order of sentence dated 08.04.2024, passed by learned Additional Sessions Judge-cum-Special Judge Excise Court No. II, Bhojpur at Ara, in Excise Case No. 968 of 2021 arising out of Udwantnagar P.S. Case No. 226 of 2021, whereby the appellant has been convicted for the charges under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

4. The appellant has been convicted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, and sentence has been awarded for six years rigorous imprisonment and to pay a fine of Rs. 1,00,000/- for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, and in case of default of payment of fine, further six months of imprisonment has been ordered.

5. The prosecution story is that the police party got the information that accused persons were coming with liquor for the purpose of sale and on search 80 liters of country made mahua wine was recovered from the appellant and a seizure list was prepared.

6. Learned counsel for the appellant, on the point of grant of bail and suspension of sentence, argued that the prosecution has miserably failed to bring the charges against the appellant without any reasonable doubt. Referring to Section 81(3) of the Bihar Prohibition and Excise Amendment Act, 2018, learned counsel submits that Section 81(3) says that while seeking the destruction of intoxicants etc. the concerned police or excise officer shall get the chemical examination done. Apart from the Special Court, any nearest Judicial Magistrate or Executive Magistrate shall be competent to give the permission for such chemical examination.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/vieworder/MjQjMjM2MCMyMDI0IzQjTg==-ScMP3y--am1--QnC0=)

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