Patna High Court - Orders
Gurprit Singh @ Lali vs The State Of Bihar on 22 April, 2022
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45720 of 2021
Arising Out of PS. Case No.-137 Year-2021 Thana- AMAS District- Gaya
======================================================
GURPRIT SINGH @ LALI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun
For the Opposite Party/s : Mr. Vikash Kumar-SC-11
Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
8 22-04-2022Heard the parties through video conferencing.
Prosecution case in brief is that huge quantity of liquor was recovered from a huge chamber found in truck bearing Registration No. RJ-02GA-7523. The petitioner has been alleged to be the driver of the truck, who on the direction of one Bittu Kumar (Mobile No. 9728675410) had loaded the consignment of illicit liquor which was delivered to unknown person at Aurangabad, whose mobile No. is 9002897417. It appears that the truck is registered in the name of M/s Surekha Timber Works, Industrial Area, Jasidih, Jharkhand whose GST No. is also mentioned in the seizure list which can be verified by the authorities.
Learned counsel appearing on behalf of the petitioner submits that petitioner is the truck driver and he has no Patna High Court CR. MISC. No.45720 of 2021(8) dt.22-04-2022 2/4 knowledge about secret chamber in the truck in which huge quantity of illicit liquor was loaded and the same was camouflaged with husk and timber planks. Petitioner has clean antecedent and is innocent. The real culprit has deliberately been left by the informant, in spite of the detailed information given by the present petitioner at the time of enquiry. Petitioner is ready to abide by any condition imposed by this court.
Learned A.P.P. for the State submits that a detailed report has been submitted by Commissioner-Cum-Secretary, State Taxes, Commercial Taxes Department, Bihar, Patna with respect to the steps taken in the meeting convened under the Chairmanship of Chief Secretary, Bihar, Patna on 23.03.2022. Details of E-way bills generated with respect to the aforesaid truck has also been brought on record along with the said report but the authorities have deliberately not given the details of those E-way bills with respect to the present prosecution which relates to GST goods like husk and timber plank. The truck entered into the State of Bihar laden with huge quantity of foreign liquor.
The report is devoid of any information with respect to the owner of the truck, M/s Surekha Timber Works, Industrial Area, Jasidih, Jharkhand, nor any detail has been given in spite Patna High Court CR. MISC. No.45720 of 2021(8) dt.22-04-2022 3/4 of the fact that the present petitioner has divulged the name of one Bittu on whose direction, he was to deliver the liquor to unknown person whose Mobile No. is 9002897417.
Considering the rival submission and taking note of the earlier direction passed by this Court on 05.04.2022 in which in light of order passed in 39706 of 2021 (Rajesh Kumar @ Rajesh Singh Vs. The State of Bihar). The State agencies constituted by the Chief Secretary, Bihar on 23.03.2022 being a coordination team constituting of Prohibition and Excise Department, Commercial Taxes Department and Transport Department has not taken any effort till date to connect the present petitioner with the organized traders, who are operating a syndicate of illicit liquor and are involved in smuggling the same from outside the State of Bihar. No procedures have been developed to stop smuggling. It appears to this court that in spite of fresh material having been made available, the investigating agency nor the Prohibition and Excise Department, has taken any effort in furtherance of the same seeking for further investigation in the matter from the concerned Court. Such deliberate inaction on part of the State authorities has definitely lead to the organized traders to flourish in the State of Bihar. The real criminals are left scotfree in absence of any evidence. Patna High Court CR. MISC. No.45720 of 2021(8) dt.22-04-2022 4/4 It has been informed that Shri Vikash Kumar-SC-11 is engaged in hearing of excise matters case, which is being heard before the Division Bench presided by the Hon'ble The Chief Justice, in such circumstances, list this case on 26.04.2022.
(Purnendu Singh, J) Niraj/-
U