SMART INDIA MARKETING PROPRIETORSHIP CONCERN THROUGH ITS PROPRIETOR PARAS NATH JHA HAVING ITS OFFICE AND GODOWN AT BISCOMAN GOLAMBAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, Mr. Prashant Kumar Shahi, learned Senior Counsel for the petitioners and Mr. V. Giri, learned Senior Counsel for the respondents.

(2.) This writ application, under Articles 226 and 227 of the Constitution of India, has been brought for quashing of the FIR of Alamganj P.S. Case No. 46 of 2017, registered on 09.02.2017 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the "Act") vide Annexure-2. Further prayer is for a direction to the respondents to de-seal the premise of the petitioners which was sealed in connection with the aforesaid case and to restore the possession along with all the articles stored therein. Third prayer is for restraining the respondents from interfering in the trade of the petitioners in the garb of regulating the business in exercise of power conferred under the Act.

(3.) By way of interim measure, this Court had directed the respondents to de-seal the sealed premise by order dated 17.07.2017 and, subsequently, by order dated 01.08.2017, this Court directed interim release of the seized goods in favour of the petitioners on execution of the referred surety bond.