A two-judge Bench dismissed the petitioner's application seeking modification of an order requiring a bank guarantee for the release of a vehicle seized for carrying large quantities of liquor, noting no grounds for relaxation given the seizure volume.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2280 of 2018 In
Civil Writ Jurisdiction Case No.3130 of 2018
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Ashok Ray, son of Lal Babu Ray, resident of Roshi Balthi Rasulpur, P.S.Mushari, District-Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Respondent/s : Mr. Pushkar Narain Shahi - AAG 6
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 10-07-2018 Taking note of the quantity of the liquor seized, i.e. Royal Stag whisky 123 cartons consisting of 750 ml and Gold Fox Matured XXX Rum 750 ml consisting of 55 bottles, total 1130.970 litres, we had directed for release of the vehicle on furnishing of bank guarantee. Consistently, in cases where the quantity of liquor is more than the commercial value, this Court has been directing for release of the vehicle on furnishing of bank guarantee and as in this case total quantity of liquor seized is more than 1,000 litres, we see no reason to modify and relax
Patna High Court MJC No.2280 of 2018(2) dt.10-07-2018 2/2
the condition of furnishing of bank guarantee.
Keeping in view the aforesaid, finding no ground for modification of the order passed on 22.02.2018 in Civil Writ Jurisdiction Case No.3130 of 2018, the application stands dismissed.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
Sunil/-
U
Ashok Ray
State Of Bihar
The Principal Secretary, Prohibition Excise & Registration Department, Government of Bihar
The Excise Commissioner, Prohibition Excise & Registration Department, Government of Bihar
Th District Transport Officer, Muzaffarpur
The District Magistrate-cum- Collector, Muzaffarpur
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
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