JUDGMENT : Rajendra Kumar Mishra, J. 1. These four applications, under section 482 of the Code of Criminal Procedure, 1973 have been filed on behalf of Bishnu Kumar Surekha @ B. K. Surekha, Executive President of Bharat Sugar Mills, Sidhwalia, to quash the order dated 29.10.2012 passed in Case Nos. 09(2) of 2012, 07(2) of 2012, 10(2) of 2012 and 08(2) of 2012, whereby the court of Sub-Divisional Judicial Magistrate, Masaurhi, Patna took the cognizance of the offence, under Sections 10 of the Bihar Molasses Control Act, 1947 and Section 47 of the Excise Act 1915, against the petitioner and two others. As such, all the four applications have been heard together and are being disposed of by this common order. 2. The case of the prosecution is that, on 11.07.2012, the trucks bearing registration nos. WB-11B-2997, WB-11B-1892, WB-11B-3297 and NL-01K-4097 were seized loaded with molasses by the Excise Department at Masaurhi, Patna, when the drivers of aforesaid truck were questioned, they only disclosed the name of the owner of the trucks saying that on instruction of owner of the trucks, the molasses was loaded at Sugar Mill, Sidhwalia for unloading the same at Kolkata. 3. On the basis of report dated 12.07.2012 of Sub-Inspector, Excise Task Force Bihar, Patna, Case Nos. 09(2) of 2012, 07(2) of 2012, 10(2) of 2012, 08(2) of 2012 and 06(2) of 2012 were instituted in respect to seized molasses loaded in aforesaid four trucks, showing the name of Drivers, owners of the trucks and also the name of the petitioner being Executive President of Bharat Sugar Mill, Sidhwalia, Gopalganj in the accused column. The learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna took the cognizance of the offence, under Sections 10 of the Bihar Molasses Control Act, 1947 and Section 47 of the Excise Act, through the impugned order dated 29.10.2012 against the drivers, owners of the trucks and also this petitioner. 4. Learned counsel for the petitioner submits that at the time of occurrence, this petitioner was an Executive President of Bharat Sugar Mills, Sidhwalia and the occupier of the sugar mill was responsible for day-to-day business of the sugar mill. Mr. P.K. Lakhotiya was the previous occupier of the sugar mill and he was replaced by Mr. P.K. Malpani vide resolution dated 13.08.2012. Mr. P.K. Lakhotiya was the previous occupier of the sugar mill and he was replaced by Mr. P.K. Malpani vide resolution dated 13.08.2012. Under Such circumstances, petitioner being the Executive President of Bharat Sugar Mills, Sidhwalia, could not be made responsible for day to-day business of Sugar Mill and he should not be prosecuted as he was not occupier of the Sugar Mill at that time. Further submission is that in the prosecution report, which is the basis of the case, no allegation has been made against the petitioner having hand in the loading of the molasses. Further submission is that cognizance order dated 29.10.2012 passed in Case No. 06(2) of 2012 regarding seizure of molasses in another truck on same day has been quashed against the petitioner vide Criminal Miscellaneous No. 9334 of 2014. Since there is no contrary material with regard to the aforesaid, the order of cognizance dated 29.10.2012 passed by the Sub-Divisional Judicial Magistrate, Masaurhi, Patna, in Case No. 09(2) of 2012, Case No. 07(2) of 2012, Case No. 10(2) of 2012 and Case No. 08(2) of 2012 in so far the petitioner is concerned is hereby quashed. 5. However, quashment of the impugned cognizance order in respect to petitioner shall not debar summoning the real accused at any stage of trial.