JUDGMENT :

1. Heard learned counsel for the petitioner and learned Additional General no. 3 for the respondents.

2. The petitioner has preferred this writ application for quashing the FIR instituted vide Kishanganj P.S. Case no. 123 of 2021 dated 13.3.2021 registered under sections 272, 273 and 120B of the Indian Penal Code and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016, for directing the respondents to release the tanker lorry bearing registration no. NL01K9511 along with 2500 litres of extra neutral alcohol (‘ENA’ in short) loaded on it seized in connection with Kishanganj P.S. Case no. 123 of 2021 and to pass other order or orders as the Court may deem fit in the facts of the case.

3. The prosecution case based on the self statement of Ashwani Kumar, Police Inspector-cum-SHO, Kishanganj recorded on 13.3.2021 at 10 am is that at 7.15 am the same morning secret information was received that a tanker lorry vehicle bearing registration no. NL01K9511 carrying spirit for preparation of liquor was going towards Purnia. Giving information to the Senior Police Officers the informant reached the Bir Kunwar Bus Stand at Kishanganj at about 9.45 am. He saw the tanke