TMI Blog2023 (6) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... t some strict conditions need to be imposed for the purpose of releasing the said goods on supardari. As such, it is ordered that the goods be released on supardari to the respondent subject to the conditions imposed - application allowed. - CRM-M-9264-2023 (O&M) - - - Dated:- 18-5-2023 - HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- For the Appellant : Mr. Luvinder Sofat, DAG, Punjab, assisted by ASI Tajinder Bali and STO Bhupinder Singh. For the Respondent : Mr. Robin Singh Hooda, Advocate. GURVINDER SINGH GILL, J. (Oral) 1. The petitioner-State of Punjab assails order dated 05.01.2023 passed by learned Additional Sessions Judge, Bathinda, vide which an application filed by the respondent seeking release of the goods seized by the police on Supardari has been accepted. 2. A few facts necessary to notice for disposal of this petition are that FIR No. 12 dated 23.9.2022, Police Station Vigilance Bureau, Range Bathinda, under Sections 7, 13 of Prevention of Corruption Act 1988 (Amendment) Act 2018, Sections 420, 120-B IPC, came to be lodged pursuant to receipt of secret information to the effect that Jagsir Singh and his son Mandeep Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 90 meter each) 7 roll 7 Ag 123/1 1 Voltage tester 120 pcs 8 Vk/1 1 Balloon 60 pkt 100 pcs each 9 Ashok/1 1 Steel utensils 50kg 10 Pankaj singh/1 1 Children kit Storage bag big 42 pcs 28 pcs Storage bag small 26 pcs 11 Rk/1 1 Pvc wise 1.5 mm 510 meter 12 As/1 1 Steal butt hings (50 mm views) 90 box (30 each) 13 Dn/1 1 Lock nh 52 70 pkt Lock shyam 10 pkt Centre lock stand Drawer lock 20 pkts 5 pcs each 5 pcs each 20 pcs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 Safety Pocket diary Playing card Nepthline balls Note books Lighter Wire Scrub Knifes and scissors Plastic comb Tongue cleaner 30 box (10 pcs each) 5 bag (48 pcs each) 31 box (12 pcs each) 48 pkt (10 pcs each) 100 pcs 20 boxes (50 pcs each) 10 bundle (91.44 mtr each) 23 pkt(12 pcs each) 60 set 22 boxes (12 pcs each) 24 pcs 25 Kala/1 1 Ladies purse Gents hankerchief Ladies hankerchief 102 pcs 3 pkt(18 pcs each) 14 pkts (12 pcs) 26 Sl/2 2 Family smile 4+2 set 36 set 27 Skm/1 1 Electrical switch cover Regulator Condensers 17 pkt(300 pcs each) 12 pkt (50 pcs each) 2 pkt (50 pcs each) 28 Jmd/1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 38 Aa akram/2 2 Shoes 204 pairs 39 Monga/1 1 Puff insulated casseror 26 pcs 40 Mm akram/1 1 Ladies sandles 144 pairs 41 Mm akram/2 1 Mix shoes 90 pairs 42 Sn/3 3 Washing mach motor Freezer ss Belt v wash D scale Filter Gaize set Magnet tone 1/35 w motor cooler Sensor relay 6 pcs 30 pcs 50 pcs 170 pcs 210 2 pcs 20 pcs 10 pcs 20 pcs 100 pcs 43 101/2 1 Chunnia 75 pcs 44 Surinder 1 Chanini Mat roll Hanger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... astness and fixing 4 pcs 2000 psc 4. On the last date of hearing Assistant Commissioner State Taxation CGST, Unit Bathinda, had been directed to file an affidavit as to whether any proceedings have been initiated against the petitioner under CGST Act. Pursuant thereto an affidavit of Mr. Bhag Singh, Assistant Commissioner, State Tax, State Intelligence and Preventive Unit, Bhatida has been filed, wherein it has not been clarified as to whether any action has been taken under the GST Act, 2017. 5. The respondent moved an application before Special Judge seeking release of the seized articles which were not having any bill, on supardari. Although, in the application Annexure P-4, the respondent has not stated anything as regards his locus standi but the learned counsel for the respondent has today clarified that the respondent does not claims himself to be the owner but he claims the possession of the goods in the capacity of a transporter. He has further stated that he is willing to make a specific statement to this effect before Court. 6. A perusal of the impugned order would show that the trial Court has accepted the application o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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