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2015 (8) TMI 949 - ALLAHABAD HIGH COURTApplication to not arrest and detain the petitioner - Held that:- The power of arrest has been conferred upon the excise authorities on existence of certain conditions. It is well protected inasmuch the excise authorities would have to satisfy certain conditions as provided in Section 13 of the Act, 1944. There is no factual foundation in the writ petition to demonstrate that the apprehension of the petitioner is founded of any material on record. Moreover, if the power is exercised validly under the statute, the law does not permits this Court to interfere in exercise of such statutory power by issuing mandamus. - writ of mandamus would lie only if the petitioners are enforcing a legal right and the respondents are under statutory obligation to do or not to do something but have failed to do so. - petitioner is not entitled for any relief. - Decided against Petitioner.
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