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PURNENDU SINGH
Raj Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Ms. Bharti Kumari, learned counsel appearing on behalf of the petitioner and Mrs. Shaheen Begum, learned APP for the State.
2. The petitioner has preferred the application under Section 528 of the BNSS, 2023 for quashing of the order taking cognizance dated 20.03.2020 in connection with G.O. Case No.837 of 2017, whereby cognizance has been taken by the learned ADJ-II cum Special Judge, Nawada under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution story, in brief, is that on 11.08.2017 at 01:30 AM at Integrated Check Post, Rajouli, Nawada, the bus bearing Registration No. BR-06PA/6651 en route from Ranchi to Raxaul was stopped by the Inspector (Excise), Nawada, and other excise officials and the SAP force. Upon proper search, a bag containing 6.75 litres of illicit liquor was recovered in front of the seat of the petitioner in the said bus and was seized.
4. Ms. Bharti Kumari, learned counsel appearing on behalf of the petitioner submitted that on the date of lodging of the excise case, the petitioner was coming from Ranchi and he was on the way to Varanasi, for which leave granted to the petitioner has been brought on record by w
Criminal liability requires conscious possession; mere proximity or presence is insufficient.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
At the quashing stage, the allegations in the FIR are to be accepted as true, and disputed questions of fact and defenses should be raised at an appropriate stage in the trial.
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