IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 138 of 2011
Mantosh Kumar Mandal ... ....Petitioner
Vs.
The State of Jharkhand ... .... ....Opposite Party
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioner: Mr. Rajesh Kumar
For the State: Mr. R.C.P. Sah , APP
4/15.03.2011
: On the last date, Secretary Department of Excise was
directed to file counter affidavit indicating as to what action he is
proposing to take against the Sub Inspector of Excise.
A Supplementary counter affidavit filed on behalf of
Secretary by one Ashok Kumar Sharma, who happens to the the Excise
Commissioner. In the supplementary counter affidavit, at paragraph
no. 21, he stated that an offence under section 47(a) of the Excise Act
is made out against the petitioner. The aforesaid statement appears to
be in contradiction of earlier counter affidavit where it has been
specifically stated that the liquor found from the possession of the
petitioner, is within the permitted limit.
Under the aforesaid circumstance, Excise Commissioner,
is directed to appear before this Court personally tomorrow i.e. on
16.3.2011 at 10.30 a.m.
Put up this case tomorrow i.e. on 16.3.2011 at 10.30 a.m.
as a first case.
Till then, interim order dated 01.03.2011 shall continue.
( Prashant Kumar,J.)
Sharda/-