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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Ashirvad Plasto – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J. – In the instant writ petition, petitioner has prayed for the following relief (s): –
“(i) For quashing of the order dated 24.09.2024 passed by the learned Excise Commissioner (Respondent no. 2) in Excise Appeal Case No. 45 of 2024 on application of the petitioner without assigning any reason against the petitioner.
(ii) For issuance of a direction to the respondent authority with regard to open seal of the petitioner factory bearing Land Plot No. D-13, Industrial Estate, Muzaffapur, area of land 5400 square feet, the lease hold land for production of PVC pipe, granules and suthly on the basis of lease hold land for a period of 93 years which has been sealed by the Excise Department during the pendency of confiscation proceeding and a criminal case OR prejudice right of state for confiscation proceeding.
(iii) For grant of any other relief/reliefs to which the petitioner may be found entitled to in the interest of justice.”
2. Briefly stated, facts of the case is that 13731.840 liters India Made Foreign Liquor (I.M.F.L.) was recovered from different vehicles which were parked in the premises of Ashirvad Plasto Industries. On the basis of alleged recovery, police
Point of law : Interfering with the sealing/closing of the Petitioners’ factory premises would not effect or hamper the investigation so carried out.
The petitioner is allowed to seek de-sealing of a shop under specific procedural rules after legitimate claims to non-complicity in illicit activities.
Petitioner may file for de-sealing under Rule 12B, with statutory obligations outlined for timely decisions.
Confiscation of properties under the Bihar Prohibition and Excise Act requires proof of owner's involvement in the offense; a lack of such proof invalidates the confiscation.
The Court permits the petitioner to file a release petition under the Bihar Prohibition and Excise Rules, facilitating a fair consideration process by the authority.
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