Patna High CourtCR. WJC/1981/2018disposed

Shailsuta Logistics Private Ltd., Through Its Authorised Signatory Surendra Kumar v. The State Of Bihar Through Principal Secretary, Prohibition, Excise And Registration Department, Go

2019-01-23Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1981 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Shailsuta Logistics Private Ltd., Through Its Authorised Signatory Surendra Kumar Son of Bhagwan Ram, a company registered under Companies Act having its registered office at 23/23B, EMCA house, Ansari Road, Dariya Ganj, New Delhi, Resident of 69, Jatt Basti Lelki, P.S. Rajgarh, DistrictChuru, State- Rajasthan. ... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary, Prohibition, Excise And Registration Department, Go

2. The Collector, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Officer in Charge, Nadi Police Station, Sub Division Fatuwah, District Patna.

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

For the Petitioner/s :

Mr.Alok Kumar Agrawal For the Respondent/s :

Mr.Vikash Kumarsc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-01-2019 It appears that 996 boxes of Emami Brand Zandu Bam and Chettah Cream which were seized in connection with Fatuha (Nadi) P.S. Case No. 141 of 2018 dated 21.07.2018 instituted for the offences under Sections 30(a), 38(a) of the Bihar Excise & Prohibition Act, 2016 have been provisionally released in favour of the petitioner. However, such release has been made subject to the outcome of the confiscation proceedings.

This petition, therefore is disposed off with a direction that in case the confiscation proceeding is

Patna High Court Cr. WJC No.1981 of 2018(6) dt.23-01-2019 2/2 concluded and the authority passes an order of confiscation of the aforesaid items, the petitioner would facilitate the encashing of the bank guarantee or indemnity bond of rupees ten lakhs which has been deposited with the Court below. The present order shall also be subject to the outcome of the criminal case.

The petition is disposed off in terms of the above observation.

(Ashutosh Kumar, J) Shageer/- U T