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2022 Supreme(Pat) 833

ASHUTOSH KUMAR
Mukesh Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Satyabir Bharti, Avinash Shekhar.
For the Respondent: Mr. P.K. Verma.

Ashutosh Kumar, J.—Heard Mr. Satyabir Bharti, learned Advocate for the petitioner and Mr. P.K. Verma, learned AAG for the State.

2. This writ petition has been filed for quashing the entire prosecution emanating out of Pandaul P.S. Case No. 270 of 2020 instituted for the offences under Sections 30(a) and 35(e) of the Bihar Prohibition and Excise Act, 2016 and under Sections 272, 273, 465 and 420 of the Indian Penal Code and restraining the respondents from taking any coercive step against the petitioner in pursuance of the aforementioned case.

3. The petitioner is the distributor of various food products in the district of Madhubani including non-alcoholic beverages.

4. The prosecution case in this instance has been instituted on the written complaint dated 21.10.2020 of one Jitendra Kumar Singh, posted as Additional Station House Officer in Pandaul police station of Madhubani on the instructions of Madhubani Town police station (Madhubani Town P.S. Case No. 265 of 2020 dated 14.10.2020), he seized the stock from the petitioner’s shop bottles of non-alcoholic drink viz. Kingfisher Ultra, Heineken and Warrior Strawberry, which was sent for chemical examination to the Chemical Examiner

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