Patna High CourtCR. WJC/381/2015disposed

Musafir Rai And ORS v. The State Of Bihar And ORS

2015-05-08Justice Smt. Anjana Mishra,Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.381 of 2015 ======================================================

1. Musafir Rai S/o Sri Ram Badan Rai At Saripur, P.S. Ganga Bridge O.P. district - Vaishali

2. Ganesh Sah S/o RamBallabh Sah @ Rajballabh Sah At Tirasah, P.S. Ganga Bridge O.P. District - Vaishali.

3. Jai Prakash Singh S/o Ramashray Singh At Chisti P.S. - Ganga Bridge, District - Hazipur, Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Home Secretary, Department of Home, Government of Bihar, Patna.

3. The Superintendent of Police, Darbhanga, Bihar.

4. The Officer Incharge, Mabbi O.P., Police Station Sadar, District - Darbhanga.

5. The Union of India through Commissioner of Customs, H.Qr, C.R. Building, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan For the State : Mr. D.K.Sinha ,AAG2 For Customs Deptt. : Mr. Kumar Pankaj ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 08-05-2015 Heard learned counsel for the petitioners and learned counsels for the State and for the Customs Department. Learned Additional Advocate General No.2 upon instructions submits that in view of the recent decision of this Court dated 25.9.2013 passed in CWJC No. 11949 of 2012 as also the different circulars of the State Government issued from time to time including the latest one issued on 17.1.2014 he has

Patna High Court Cr. WJC No.381 of 2015 (3) dt.08-05-2015 2/2 been informed that the Darbhanga Police have been directed to transfer the case to the authorities of the Customs Department to be dealt with by them in accordance with the provisions of the Customs Act.

In view of the aforesaid submission of learned Additional Advocate General No.2, the principal relief sought by the petitioners in the writ petition appears to have been granted at the level of the State Government itself.

The writ application is, accordingly, disposed of in terms of the aforesaid submissions.

(Ramesh Kumar Datta, J) (Anjana Mishra, J) S.Pandey/- U