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SATYAVRAT VERMA
Rahul Kumar Banjara – Appellant
Versus
State of Bihar – Respondent
Satyavrat Verma, J. – The counter affidavit filed on behalf of the Deputy Commissioner, Excise, Patna, Bihar is taken on record.
2. Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhyay learned A.P.P. for the State.
3. Learned counsel for the petitioner submits that whenever any case under the Excise Act is instituted, the police and the excise official in a mechanical manner investigate. It is further submitted that petitioner is an old lady, aged about 80 years and is a Doctorate in English and has served as a Professor in English at the University College of Arts and Commerce, Calcutta University, for about 18 years prior to her superannuation from service in the year 2007. It is next submitted that the daughter of the petitioner is also a Doctorate in English from Oxford University and is presently employed with Oxford University Press at Oxford, United Kingdom and the son of the petitioner is a Senior Central Government Counsel and is practicing Advocate of the Hon’ble High Court at Calcutta for the last 25 years.
4. Learned counsel for the petitioner further submits that the aforesaid submission has been made only to bring to the notice of the Court that petitione
The court established that mere allegations of inaction do not constitute an offense under the Bihar Prohibition and Excise Act unless there is clear evidence of refusal to perform duties or contrave....
Due process requires strict adherence to legal procedures; allegations unsupported by scientific evidence cannot sustain criminal charges under the Excise Act.
Quashing of FIR under IPC and Excise Act requires a prima facie case to avoid misuse of legal processes; non-existence of cheating and forgery is essential for quashing allegations.
Anticipatory bail granted subject to criminal antecedents verification; improper police investigation noted.
The court emphasizes the need for proper investigation and the evidentiary standards concerning confessional statements in excise cases.
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