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2025 DAILYLAW 45142 (PAT)

JAY SHREE ROAD LINES THROUGH ITS PROPRIETOR MANOJ KISHOR DHULLA @ DHULLA MANOJ KISHORBHAI v. The State OF Bihar through the Additional Chief Secretary (Home), Government Of Bihar, Patna

CR. WJC/742/2022 · 2025-04-21

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.742 of 2022 Arising Out of PS. Case No.-262 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Jay Shree Road Lines Through Its Proprietor Manoj Kishor Dhulla @ Dhulla Manoj Kishorbhai S/O Kishor Kanji Dullah @ Kishorbhai Dulla Resident Of E- 1003, Shivalik Hights, Chala, Vapi, P.S.- Chala, District- Valsad, Gujarat. ... ... Petitioner Versus 1. The State of Bihar through the Additional Chief Secretary (Home), Government Of Bihar, Patna BIHAR 2. The Principal Secretary Cum Commissioner Department of Excise and Prohibition, Government of Bihar 3. The District Magistrate Cum Confiscating Authority, District Motihari, Bihar. 4. The Inspector, Inspector and Prohibition, Sikarhana District Motihari, Bihar. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan, Advocate For the Respondent/s : Mr. Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 21-04-2025 Heard the parties. 2. This criminal writ application has been filed for quashing the F.I.R. vide Excise Case No.262 of 2021 registered for the offence under section 30(a), 32, 38 and 41(1) of the Bihar Prohibition & Excise (Amendment) Act, 2018. 3. The petitioner is the proprietor of M/S Jay Shree Road Lines, which is a reputed fleet owner and transport contractor and looking after the transport affairs of M/S Whim Plastic Limited. Patna High Court CR. WJC No.742 of 2022(4) dt.21-04-2025 2/2 4. As per the F.I.R., the Police, on secret information, intercepted a truck and recovered about 1634 liters of foreign liquor which was being transported along with plastic / moulded items and furnitures belonging to the petitioner’s company. 5. It has been submitted by the petitioner that the articles were being transported upon the strength of legal and valid documents. 6. At this stage, this Court cannot hold a mini trial to ascertain the veracity/genuineness of the documents and examine the defence of the petitioner. 7. Accordingly, this criminal writ application is dismissed. pawan/- (Sandeep Kumar, J) U T