Ravi Pandey @ Ravi Prakash Pandey vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 141

AHSANUDDIN AMANULLAH
Ravi Pandey @ Ravi Prakash Pandey – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pankaj Kumar Singh.
For the Respondent: Mr. Anant Kumar.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

1. The matter has been heard via video conferencing.

2. Heard Mr. Pankaj Kumar Singh, learned counsel for the petitioners and Mr. Anant Kumar No. 1, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

3. The petitioners apprehend arrest in connection with Panchrukhi P.S. Case No. 112 of 2020 dated 13.05.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).

4. The allegation against the petitioners is that from outside the house of their brother, co-accused Shashi Bhushan Pandey, there was recovery of 45 bottles of liquor totalling 18.375 litres.

5. Learned counsel for the petitioners submitted that they have no connection with the brother and even recovery is said to have taken place from outside his house. Learned counsel submitted that in the FIR itself it has been stated that the seizure witnesses were two constables which clearly raises suspicion as the neighbours refused to become witness. It was submitted that on the seizure list, though the reference is with the present case dated 13.05.2020, but in the column of date and time, it is writt

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