✦ Rajasthan High Court

United Spirits Ltd v. Sunita & Ors.

BHANDARI

Case at a glance

Bench
BHANDARI

Provisions considered

Judgment

ORDER SB Cr Misc Petition No. 436/2010 United Spirits Ltd Vs Smt Sunita & ors

23.3.2010 Hon'ble Mr Justice MN Bhandari Mr Akhil Simlote - for petitioner Mr RB Mathur – for respondent BY THE COURT: Heard learned counsel for the parties and scanned the matter carefully. As per provisions of section 69 (2-B) of the Rajasthan Excise Act, 1950 (the Act) whenever any excisable article is seized under sub-section (1) of section 69 of the Act the District Excise Officer shall have jurisdiction to make an order with regard to possession, delivery, disposal and release of such property. The provision further clarifies that no court, Tribunal or other authority shall have jurisdiction. In view of aforesaid, this petition is not maintainable 2 for seeking release of malt spirit. Accordingly, the same is hereby dismissed. Petitioner would however at liberty to make an application pursuant to provisions of section 69(2-B) of the Act for the prayer otherwise made herein. It is expected from the authority concerned that if an application is moved by the petitioner for release of malt spirit, it will pass necessary order within shortest possible period, if possible, within a period of fifteen days from its filing. bnsharma (MN Bhandari) J.

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