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AHSANUDDIN AMANULLAH
Puspak Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioners on 09.08.2021, which was allowed.
3. Heard Mr. Akash Chaturvedi, learned counsel for the petitioners and Mr. Sanjay Kumar, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
4. The petitioners apprehend arrest in connection with Nimachandpura PS Case No. 105 of 2020 dated 06.12.2020, instituted under Sections 420, 120B of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act’).
5. The allegation against the petitioners is that on information when police reached the spot, from in front of his house a truck laden with liquor and from his house and also from near it, huge quantity of liquor was seized.
6. Learned counsel for the petitioners submitted that as per the FIR and the seizure list, recovery has not been made from the house of the petitioners or from his conscious possession.
7. Learned APP submitted that the recovery has been made from the house of the petitioners as would be clear from the FIR as well as the
The specific mention of recovery of evidence from the accused's premises in the FIR and seizure list can influence the maintainability of a petition under Section 438 of the Code of Criminal Procedur....
The recovery of illicit liquor from the premises owned by the petitioner prima facie established an offence under the Bihar Prohibition and Excise Act, leading to the dismissal of the petition under ....
The specific bar of Section 76(2) of the Bihar Prohibition and Excise Act renders the petition for bail under Section 438 of the Code of Criminal Procedure, 1973 not maintainable if the recovery is f....
Alleged recovery of liquor from the petitioner's house constituted an offence under the Bihar Prohibition and Excise Act, 2016, and the bar of Section 76(2) of the Act was found to be applicable, lea....
The application for anticipatory bail may not be maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, if an offence is prima facie made out due to recovery from the petitio....
Recovery near the petitioner's house constituted an offence under the Bihar Prohibition and Excise Act, leading to the dismissal of the petition under Section 438 of the Code of Criminal Procedure, 1....
Recovery of a large amount of liquor from the petitioner's field constituted an offence under the Bihar Prohibition and Excise Act, 2016, leading to the dismissal of the petitioner's petition under S....
The recovery of contraband from a premises belonging to the accused can constitute a prima facie offence under the Bihar Prohibition and Excise Act, leading to the dismissal of a petition under Secti....
application is not maintainable in view of bar of Section 76(2) of the Act which does not permit filing of an application under Section 438 of the Code of Criminal Procedure, 1973, as prima facie off....
Prima facie evidence of an offence under the Bihar Prohibition and Excise Act, 2016 leads to the dismissal of a petition under Section 438 of the Code of Criminal Procedure, 1973.
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