Anil Kumar Sinha, J. – The present writ application has been filed for quashing of the First Information Report bearing Majhauliya P.S. Case No. 230 of 2020 dated 26-04-2020 contained in (Annexure- 6) registered for the offences under Sections 284, 285, 403, 406, 407, 408, 409, 420 and 34 of the I.P.C. read with Sections 30 (a), 31 of the Bihar Prohibition and Excise Act 2016.

2. The factual matrix of the case is that the petitioner no. 1 is a company in the name and style of M/s Majhaulia Sugar Industries Pvt. Ltd. and the petitioner no. 2 is its Chief General Manager. The petitioners are holding N.O.C. / license and have a distillery at Majhauliya, which is engaged in production of ethanol. The ethanol is being transported by the petitioners from its distillery to various oil companies through M/s Indian Tankers Pvt. Ltd. after due verification of G.P.S. and digital seal / lock. According to the petitioners the electronic locks are being provided by M/s M.S.D. Telemematrix Pvt. Ltd.

3. On 25-04-2020 a team constituted by the Superintendent [Excise], East Champaran reached near N.H. 28 and found one tanker near an old hotel bearing Registration No. UP-53-AT-1786 whose one of the seals from five of its chambers was found broken, which was being used for siphoning of ethanol in a pick-up van bearing Registration No. BR-02-GA-1445. Upon search 200 liters container fully loaded with ethanol and another container which was connected through a pipe having 20 liters of ethanol and 04 empty containers of 35 liters each were found in the pick-up van. In the tanker three chambers were found without seal and the chamber rod was also found not related to the digital lock. Accordingly, on 26.04.2020, an F.I.R. bearing Excise P.S. Case No. 195 of 2020 was registered on the basis of information given, under Section 30 (a) (f), 31, 32, 36, 38, 41(1) & 47 of the Bihar Prohibition and Excise Act, 2016 against eight accused persons i.e. the owner of the tanker, tanker driver, owner of the pick-up van etc.

4. Subsequently, one another F.I.R. was registered bearing Majhauliya P.S. Case No. 230 of 2020 on 26.04.2020 against the petitioners and others for the offences under Sections 284, 285, 403, 406, 407, 408, 409, 420 and 34 of the Indian Penal Code read with Sections 30 (a) and 31 of the Bihar Prohibition and Excise Act wherein the allegations are with regard to several violations / infirmities on the part of the accused persons due to which illegal business of ethanol was taking place. The petitioners have filed the present case for quashing of Majhauliya P.S. Case No. 230 of 2020.

5. It is further case of the petitioners that on getting information about the occurrence dated 25.04.2020 and being unaware about Majhauliya P.S. Case No. 230 of 2020 the petitioner no. 2 lodged an F.I.R. bearing Majhauliya P.S. Case No. 232 of 2020 dated 27.04.2020 for the offences under Sections 409, 462, 379, 34 of the I.P.C. read with Section 30 (a), 31 of the Bihar Prohibition and Excise Act 2016 against the transporter i.e. M/s Indian Tankers Pvt. Ltd. and its driver for causing loss to the tune of Rs. 11,66,287.50/- for their act of indulgence in illegal siphoning of ethanol

6. Learned counsel for the petitioners contended that in relation to one occurrence two FIRs have been lodged. The FIR against the petitioners has been instituted for the offences for which an FIR filed earlier already existed. The 1st FIR is Excise Case No. 195 of 2020 in which petitioners are not accused and thereafter 2nd FIR came to be lodged vide Majhauliya PS Case No. 230 of 2020 in which the petitioners have been made accused for the same facts and occurrence. The 2nd FIR is not maintainable and is violative of Article 21 of the Constitution of India.

7. He further argued that just because the name of petitioners came in the process of investigation the Police is not empowered to lodge another FIR but can include the accused persons in the earlier FIR at the time of filing of charge she