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2019 Supreme(Pat) 2006

JYOTI SARAN, ANJANI KUMAR SHARAN
CTI Infrastructure Private Limited – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Satyabir Bharti, Alok Chandra.
For the Respondents: M/s Lalit Kishore, Vikash Kumar, Akash Chaturvedi.

JYOTI SARAN, J.:–The petitioner by filing this writ petition under Article 226 of the Constitution of India prays for the following reliefs:—

(i) Issuance of writ of mandamus, directing the respondents to forthwith release 300 cases of beer, (220 cases of Kalyani Black Label Strong Beer-500 ml Can and 80 cases of Kingfisher Extra Strong Premium Beer- 500 ml Can) owned by M/s United Breweries Ltd., which has been seized in connection with Kishanganj P.S.Case No. 85 of 2019 dated 15.2.2019, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, which was being lawfully transported on the strength of valid statutory documents/ permits issued by the West Bengal Excise Department from Celebrity Breweries Pvt. Ltd, Mauza- AIMA and Somsar, P.S. Dadpur, Hooghly, West Bengal, West Bengal to BEVCO Warehouse of the West Bengal State Beverage Corporation Limited, at Siliguri, District Darjeeling.

(ii) To restrain the respondents from initiating any proceeding for confiscation of the aforesaid consignment of beer, seized in connection with Kishanganj P.S.Case No. 89 of 2019 dated 15.2.2019, as the consignment was lawfully transported from Celebrity Breweries Pvt. Ltd., Mauz

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