IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7703 of 2008 BALMIKI PRASAD Versus THE STATE OF BIHAR ----------- 2 7.7.2008 The petitioner has challenged the order dated 6.10.2007 passed by the Session Judge, Nawadah in Criminal Revision No. 46 of 2007 and the order of the Chief Judicial Magistrate, Nawadah passed in Nawadah (Town) P.S. Case No. 87 of 2007 refusing to release the bottles of alcohol which were seized from a Bolero Car. Learned counsel for the petitioner submits that the petitioner has a valid licence to buy beverages and the seizure is illegal. It is further submitted that the beverages were supplied by the Bihar State Beverages Corporation Limited at Bihar Shariff. The invoice is annexed as annexure-8. The route permit is also annexed as annexure-7 and the licence of the petitioner is annexed as annexure-6. Learned counsel also refers to the report called by the Court from the Superintendent of Excise at Nawadah and the Investigating Officer of this case which are annexures 3 and 4 to this application. Annexure-3, the report of the Excise Superintendent of Nawadah dated 15.3.2007 reveals that the beverages which were seized by the Officer Incharge of Nawadah Police Station were in fact legally issued by the Beverages Corporation at Bihar Shariff, Nalanda. Similarly the report of the police indicates that after investigation it appears that the beverages seized belong to one Balmiki Prasad who has a licence which is numbered as 196 of 2006-2007. It has further been stated in the report that the Officer Incharge, Nawadah Nagar Police 2 Station has no objection if the beverages seized are released in favour of the petitioner. On perusal of the order impugned it appears that the Court below has not considered annexures 3 and 4 and has rejected the application on the basis of the allegation made in the First Information Report. The Sessions Judge/Chief Judicial Magistrate, Nawadah will release the beverages so seized as per the invoice mentioned at annexure-8 after taking into account the fact that the Superintendent of Excise, Nawadah and the Officer Incharge of Nawadah (Town) Police Station has no objection to release of the said bottles of alcohol. I accordingly quash the orders dated 6.10.2007 and 19.4.2007 passed by the Sessions Judge, Nawadah and the Chief Judicial Magistrate, Nawadah in connection with Town Nawadah P.S. Case No. 87 of 2007 and direct the Judicial Magistrate to release the seized articles as per the invoice at annexure-3 of this petition with the usual conditions. This application is thus allowed with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)