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2024 Supreme(Gau) 402

SUSMITA PHUKAN KHAUND
State of Assam – Appellant
Versus
Modi Distilerry – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P N Goswami, Mr Jitendra Das
For the Respondent: Mr Jitendra Das, Mr. P N Goswami

 

The petitioners in this case are the State of Assam represented by the Secretary to the Department of Excise and Sri Pranjal Panging, Deputy Superintendent of Excise, Kamrup (Metro) cum Investigating Officer (IO for short) of Excise case No. NM/EX.01/2023. The respondents in this case are the (1) Modi Distillery (2) Sri Parag Jyoti Boragi, Manager/authorized representative of Modi Distillery, a unit of Modi Industries, Modi Nagar, Ghaziabad and (3) Sri Momon Hateli, LDC (S) In-Charge G.P. 5, CSD Depot, Narengi. Modi Distillery/Modi Industries Limited (MIL) is a public limited company, which came into existence in the year 1932 with its office at Modi Nagar, Uttar Pradesh.

2. This case in brief is that on 24.02.2023 at about 1:00 P.M., the petitioner No. 2 as directed by the Superintendent of Excise, Kamrup (Metro) visited CSD Depot Narengi, regarding an information submitted by the Officer-In-Charge, CSD, Narengi dated 23.11.2022 under No. NGD/GP-V/Excise/ that consignment of 300 cases i.e. 3,600 bottles of ‘Rockford Reserve Fine & Rare Whiskey 750 ml’ Batch No. 218/L1 dated November 2022, was imported to CSD Bonded Warehouse Narengi, C/O Narengi Cantt, Satgaon on 16.11.2022 from t

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