Alok Kumar Pandey, J.—Heard both sides.

2. In the instant writ application, petitioners seek following relief(s):—

(i) For issuance of an appropriate writ, order or direction for quashing of First Information Report of Ramkrishna Nagar Police Station Case No. 34 of 2017 instituted for the alleged offences punishable under Section 419 and 420 of the Indian Penal Code and Section 30(a), 35(c) and 32 of the Bihar Excise and Prohibition Act.

(ii) For issuance of an appropriate writ, order or direction commanding and directing the respondents to unseal the premises of the petitioner which has been sealed pursuant to institution of Ram Krishna Nagar Police Station Case No. 34 of 2017 and restore its possession with all the articles stored therein.

(iii) For restraining the respondent from taking coercive actions against the petitioner in the garb of regulating the business in exercise of power conferred under Bihar Prohibition and Excise Act, 2016 (in short of the Act).

(iv) For any other relief or reliefs for which the petitioner found entitled too.

3. Briefly stated facts of the present case is that a news item was published in daily news paper “Dainik Bhaskar” dated 09.02.2017 that in the name of energy drink, beer was being sold. It is alleged that the name of alleged energy drink is similar to that of “Thunder Bolt” and “Kingfisher” and it was published in the daily newspaper that during test of the said energy drink, 4% to 5% alcohol content was found. It is further alleged that Excise Superintendent, Madhubani informed that Energy Drink was being sold and distributed by M/s. Siddhi Enterprises, Bigrahpur, Patna. Thereafter, Excise Inspector and two sub inspectors conducted raid and different beverages of WFM Super Strong 10000 and 100000, Thousand Bolt, Kalalon Golden, Kingfermer were found. It is alleged that Sales Manager- Ramesh Kumar and Accountant – Rajiv Ranjan were apprehended on the spot. It is further alleged that beverage containing alcohol (beer) was being sold in the name of energy drink and owner and staffs of said firm are misusing by using bottles in the shape and name of bottles that resembles branded beer.

4. Learned counsel for the petitioners has limited grievance towards quashing of FIR. Learned counsel for the petitioners has relied upon a similar and identical decision of this Hon’ble Court rendered in the case of M/s Smart India Marketing Proprietorship and Anr. Vs State of Bihar and Ors. (Criminal Writ Jurisdiction Case No. 627 of 2017) reported in 2018 (3) PLJR 165 and the said decision has been affirmed by the Hon’ble Supreme Court in S.L.P. No(s). 600 of 2018 (arising out of Cr.WJC. No. 627 of 2017) ( State of Bihar and Ors. vs. M/S Smart India Marketing Proprietorship and Anr.). He further submits that petitioners are supplier of energy drink and the alleged items namely WFM Super Strong 10000 and 100000, Thousand Bolt, Kalalon Golden, Kingfermer were seized by Excise Officials throughout the State of Bihar and it was sent to Excise Chemical Analyst, Bihar, Patna and the content of ethyl alcohol was found to be 0.2% v/v to a maximum of 0.4% v/v as mentioned in Annexure 12 of the instant writ application.

5. He further submits that firm of petitioner no. 1 has got valid license from the Deputy Director (F & VO); N.R., Ministry of Food Processing Industries, New Delhi since 1998 itself, as contained in Annexure 2 of the instant writ application. He further submits that even before the launch of said products by the company, the beverages were tested and found to be non-alcoholic and the Government also got it tested and sample was sent by the Sub-Inspector Excise, Sadar Western Circle to the laboratory and the product was found to be non-alcoholic and report to this effect was sent on 06.09.2016, as annexed in Annexure 4 of the instant writ application. He further submits that the product of the WFM Food Products are marketed by Shrinaath Traders and vide its letter dated 18.12.2016 (Annexure 5 to the presen