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TMI Blog2018 (2) TMI 1901X X X X Extracts X X X X X X X X Extracts X X X X ..... is true that Section 85(1) of the Bihar Prohibition and Excise Act provides that a Special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 for the trial of warrant cases by the Magistrates. The Bihar Prohibition and Excise Act, 2016 came in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners for setting aside the order dated 30th July, 2016 passed by the learned Judicial Magistrate, Nawada in Rajauli Excise Case No.316 of 2016 by which he has taken cognizance of the offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act, 2016. 3. The prosecution case is based on prosecution report submitted by one Sachidanand Bharti, Sub Inspector, Excise. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 30th July, 2016, the learned Chief Judicial Magistrate, Nawada took cognizance of the offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act, 2016. 4. Assailing the aforesaid impugned order dated 30th July, 2016, learned counsel for the petitioners submitted that the order passed by the learned Chief Judicial Magistrate, Nawada taking cognizance of the offence is bad in law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th effect from 2nd October, 2016 whereas the cognizance in the present case has admittedly been taken on 30th July, 2016. Prior to 2nd October, 2016, it was the Court of Magistrate, who was competent to take cognizance of the offences punishable under the Excise Act. 6. In that view of the matter, I find no merit in this application. It is dismissed, accordingly. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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