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2022 Supreme(Pat) 53

ASHUTOSH KUMAR
Rahul Kumar Son of Sunil Kumar – Appellant
Versus
State of Bihar, Through Principal Secretary, Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mrigank Mauli, Mr. Avinash Shekhar, Advocate
For the Respondent: Mr. P.K. Verma, AAG

JUDGMENT :

1. Heard Mr. Mrigank Mauli, learned Senior Advocate for the petitioners and Mr. P.K. Verma, learned AAG for the State.

2. This writ petition has been filed for quashing of the entire prosecution emanating out of Guraru P.S. Case No. 100 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (in short the ‘Excise Act 2016’) and restraining the respondents from taking any coercive step against the petitioner in pursuance of the aforementioned case.

3. An additional prayer was made on behalf of the petitioner for unsealing the premises located near the Station Road in front of Punjab National Bank in the district of Gaya.

4. The prosecution report reveals that in the shop where the petitioner was a salesman, a raid was conducted by the Assistant Sub-Inspector (Excise), Tikari Circle, Gaya and 40 cans of 330 ml of Budwiser/Non-Alcoholic Beer and 88 bottles of 330 ml of Budwiser fruit beer were recovered and seized. The samples were sent for testing and were found to have been containing 0.6% v/v ethyl alcohol.

5. Hence, the prose

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