ORAL JUDGMENT

Date : 16-12-2025 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 brou