Calcutta High Court (Appellete Side)
Vinod Dugar vs The Deputy Commissioner on 19 January, 2026
19.1.2026 2 sb CRR 5404 of 2025 Vinod Dugar Vs. The Deputy Commissioner, Central Excise Department Mr. Sandipan Ganguly, Sr. Adv.
Mr. Indranil Roy Mr. Soumopriyo Chowdhury Mr. Suvradal Chowdhruy Mr. Souma Bhattacharya Ms. Rupsa Ganguli ...for the Petitioner Petitioner herein has challenged the impugned proceeding on the ground that after a lapse of about 21 years, the instant application has been initiated without having any reference of dropping earlier proceeding in the impugned prosecution.
Learned counsel for the petitioner submits that the principal accused namely, Sunder Lal Dugar, who obtained stay from this court in CRR 2056 of 2017 dated 28.6.2017, has died. The present petitioner is almost on the same footing with that of the principal accused.
Having heard learned counsel for the petitioner, the application is admitted.
Petitioner is directed to serve a copy of the application upon the opposite party/complainant by speed post intimating the next date of hearing and to file affidavit of service on the returnable date.
Let the matter appear in the Monthly list of March, 2026 under the heading "Contested Application". 2 Learned counsel for the petitioner prays for interim stay of the impugned proceeding.
Having heard learned counsel for the petitioner and that the petitioner had made out an arguable case, let the impugned proceeding being CS 23180 of 2017, presently pending before the learned Judicial Magistrate, 15th Court, Calcutta under Section 9/9AA of the Central Excise Act, 1944 be stayed for a period of twelve weeks or until further order, whichever is earlier.
Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)