Sang Hoon Lee vs The State Of Assam And Anr on 27 April, 2023

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Gauhati High Court

Sang Hoon Lee vs The State Of Assam And Anr on 27 April, 2023

Bench: Ajit Borthakur

                                                                                    Page No.# 1/2

GAHC010083402023




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                     Case No. : AB/1425/2023

            SANG HOON LEE
            SON OF OKE KUNE LEE
            R/O R62/1 HUMAYUNPUR
            SAFDARJUNG ENCLAVE, NEW DELHI-110029.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PP, ASSAM

            2:DEPUTY SUPERINTENDENT OF EXCISE

             KAMRUP METRO (WEST)
             GUWAHATI
             PIN-78103

Advocate for the Petitioner    : MR. N J KHATANIAR

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

Date : -27.04.2023 Heard Mr. Z Kamar, learned Senior Counsel for the petitioner. Also heard Mr. B Sharma, learned Addl. Public Prosecutor for the State/respondent No.1 .

Issue notice to the respondents.

Page No.# 2/2 As Mr. B Sharma, learned Addl.PP accepts notice on behalf of State respondent and Mr. D Goswami, learned Standing Counsel, Excise Department accepts notice on behalf of respondent No.2, no notice need be issued. Extra copies be furnished.

The matter relates to seizure of 30 cartoons of IMFL Muhak Soju (Korean Liquor) from a restaurant named Koris run by the present petitioner.

Call for scanned copy of the case records/ case diary, fixing on 15.05.2023.

Considering the facts and circumstances of the case and in order to enable the petitioner to get his statement recorded by the I.O. u/s 161 CrPC CrPC, in the interim, it is provided that the petitioner, namely, Sang Hoon Lee in connection with, Excise Case No.CM/EX-01/2023 under Section 53 (1)

(a) of the Assam Excise (Amendment Act) shall be released on interim pre-arrest bail on furnishing bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 7 days and shall produce all the relevant document in connection with the case failing which, on the 8th day, the interim anticipatory bail order shall automatically expire;

(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and ( iii) That the petitioner shall refrain from committing any such offence of similar nature in future.

The petitioner has incorporated the permanent address in the additional affidavit filed by him.

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