Amrit Raj v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12738 of 2018 ====================================================== Amrit Raj, Son of Late Hem Raj, Resident of Village- Keharwin, Post OfficeBaloh, Police Station- Bharanj, District- Hamirpur (Himachal Pradesh). ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. The Excise Superintendent, Patna.
3. The Sub Inspector, Excise, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Respondent/s :
Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 18-12-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner has prayed for release of the plastic Noodles Packed in different bags only which is alleged to have seized from a truck upon which foreign liquors is also alleged to have been recovered in connection with Didarganj P.S. Case No. 275 of 2018 corresponding to Special Case No. 1808/2018 for an offence under Section 30(a) of the Bihar Excise Act has been instituted.
Learned counsel for the petitioner submits that he is only concern with the Noodles Packed in different bags and according to him the same should not have been seized in view of Section 56 of the Act of 2016.
Patna High Court CWJC No.12738 of 2018(4) dt.18-12-2018 2/2 Considering the facts and circumstances of the case and also the judgment of the Hon'ble Division Bench in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018 (3) PLJR 403, the court below is directed to release the Plastic Noodles packed in different bags forthwith in favour of the petitioner within a week after submission of the document showing the ownership of the goods in the name of petitioner. Since nothing has been recovered from the packed bags in question, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court.
This application stands disposed off, accordingly. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) Rajeev/R.R.Ojha U