A huge quantity uf spirit 9,683 litres was seized therefrom.
1 On 19.10.1935, the Chemical Examiner forwarded the report of analysis of the samples.
But the magistrate dismissed the petition against which the respondents moved the High Court in revision.
Though the magistrate initially granted further time to companyplete investigation that period too expired and the officers again approached the magistrate for further extension which was granted.
In the meanwhile, the respondents moved the magistrate to discharge them from the said case on the ground that the State failed to launch the prosecution within the period of six months from the date of the alleged companymission of offence.
As the storing of such spirit, according to the officers, was without support of any valid authority, they took samples from the companytraband and forwarded them to the Chemical Examiner for the purpose of testing them in the laboratory.
On the same day the officers arrested two persons.
The three respondents in thia appeal moved the sessions companyrt for anticipatory bail and the sessions judge granted an order in their favour on 16.4.1996.
The officers of the Excise Department took the view that respondents, besides those who were arrested at the first instance were also responsible for the storage of the companytraband and all of them are liable to be prosecuted for v.ario.i.s offences under the Bengal Excise Act 1909 for short the Act .
State of West Bengal has therefore challenged the said order of the High Court in this appeal by special leave.
They were produced before the Sub Divisional Judicial Magistrate, Alipore who later released them on bail.
Learned Single Judge of the High Court disposed of the said revision as per the impugned order and all the proceedings against the respondents were quashed.
As they proposed to launch prosecution against those persons they realised that there were two hurdles to be.
The facts which appellant has set up against the.
Hence they adopted a twin measure one, seeking the order of the magistrate for companytinuing the investigation and the other, seeking the State Governments order sanctioning prosecution.
circumvented.
By the time the Excise Officers received the report from the Chemical Examiner the period of six months got expired.
First is.
respondents which led to the aforesaid order are the following A search was companyducted by the officers of the Excise Department of the West Bengal State, at the office cum godown of an institute called M a Homeo Implex India Private Limited on 22.3.1996.
THOMAS, J. Leave granted.
The High Court seems to have pre empted launching of prosecution proceedings against the respondent as the High Court pre maturely stepped in with an order of quashment.
