Pidilite Industries Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5575 of 2018 =========================================================== Pidilite Industries Ltd. having its registered Office at Regent Chambers, 7th Floor, Jamnalal Bajaj Marg, 208 Nariman Piont Mumbai-400021, P.S.-Andheri, DistrictMumai through its authorized representarive Anil Kumar Pandey S/o Shri Kapil Muni Pandey, R/o Sattu Konar Building, East West Roadways/ Bhiringi, Durgapur, P.S.-Faridpur, District-Bardhaman (W.B.) .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The District Magistrate-Cum-Collector, Siwan,

3. The Excise Commissioner, Bihar, Patna.

4. The Superintendent of Excise, Siwan,

5. The Superintendent of Police, Siwan.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Respondent/s : Mr. Anil Kumar Sinha -GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-04-2018 Having heard learned counsel for the parties, we direct that subject to legal proceedings that there may be initiated by the State Government under the Excise Act or the common criminal law, for the present, the goods which were being transported by the petitioner through Reetu Roadlines Pvt. Ltd. vide Invoice (Annexure-3) namely, Fevicol and Dr. Fixit, which were being transported in the Truck bearing Registration No. PB06K-2922, be released in favour of the petitioner on furnishing adequate sureties to the satisfaction of District

Patna High Court CWJC No.5575 of 2018 dt.02-04-2018 Magistrate-cum- Collector, Siwan in connection with Basantpur P.S. Case No. 25/2018, with further undertaking by the petitioner to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question or create a third party interest during the pendency of the confiscation proceedings and criminal case, if any, or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

With the aforesaid, the writ petition stands allowed and disposed off.

(Rajendra Menon, CJ.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2018 Transmission Date NA