Patna High Court - Orders
M/S Bhartiya Bootee Bhawan vs The State Of Bihar on 4 March, 2020
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22047 of 2019
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M/S Bhartiya Bootee Bhawan, Industrial Estate, Deharadun Road, District
Saharanpu (UP), and M/S Harwet International Private Limited, Near Nogaza
Peer, District Saharanpur (UP) through Bhagirath Kumar Mishra, power of
attorney holder, male aged about 51 years, S/o Shri Janardan Mishra, R/o
Mishra Niwas, Dumari Tola, Ward No. 2, Raxaul, P.S. District East
Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department, New
Secretariat, Patna.
2. The District Magistrate-cum-Collector, East Champaran.
3. The Superintendent of Police, East Champaran.
4. The Excise Superintendent, East Champaran.
5. The Station House Officer, PS Madhuban, District-East Champaran.
6. The Investigating Officer PS case no 115/2019 of Madhuban PS, East
Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Chandra Kant,
Mr. Navin Kumar,
Mr. Dhirendra Kumar, Advocates
For the Respondent/s : Mr. Vikash Kumar, SC 11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 04-03-2020Petitioner has prayed for following reliefs:-
"I. For issuance of writ of mandamus directing respondents to release medicine total 625 cartoons in favour of petitioner, which is seized in Madhuban PS case no. 115/2019 u/s 272, 273 of IPC and 30(A) of Bihar Prohibition Excise Act.
II. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which petitioner may deemed entitled under the fact and circumstance of the case."
Patna High Court CWJC No.22047 of 2019(4) dt.04-03-2020 2/4 On 1st of June, 2019, certain articles, including contraband substance in the shape of liquor, were allegedly recovered from the vehicle bearing Reg. No. HR-69A-5501. 625 cartoons of medicines were also recovered by the police. Pursuant thereto, an F.I.R. No. 0165 of 2019 dated 07.06.2019 was registered by the police with police station- Shyamlaheri.
The transporter, through whom the said consignment of medicines was under transport, moved an application for release of the medicines, which request stood turned down by the Special-Judge, Excise, East Champaran, Motihari on the ground that the applicant was not holding valid power of attorney for and on behalf of the original owner of the goods seized in Madhuban P.S. Case No. 115/2019. Relevant portion of order is reproduced hereinunder:
"....tCr Vªd ,oa lkeku dk nkok vHkh rd vlyh ekfyd }kjk ugha fd;k x;k gSA vkosnd tCr vk;qosZfnd lkeku dk fucaf/kr Lokeh ugha gS vkSj u gh mlds i{k esa fuxZr eq[rkjukek fucaf/kr gSA okn nSfudh ds voyksdu ls ;g Hkh izrhr gksrk gS fd bl okn eas ukfer vfHk;qDrx.k vHkh rd U;k;ky; esa mifLFkr ugha gq, gSa okn vHkh vuqla/kkukarxZr gSA vr% mijksDr of.kZr rF;ksa ,oa ifjfLFkfr;ksa esa i=koyh ij miyc/k lkexzh ,oa okn dh izkjfEHkd fLFkfr dks ns[krs gq, bl okn esa tCr mDr lkeku dks vkosnd ds i{k esa eqDr fd;k tkuk mfpr izrhr ugha gksrk gSa rn~uqlkj vkonsd dh vksj ls nkf[ky eqfDr vkosnu dks [kkfjt fd;k Patna High Court CWJC No.22047 of 2019(4) dt.04-03-2020 3/4 tkrk gSA"
Through the instant petition, petitioner wants the goods, i.e., medicines seized on 1st of June, 2019, to be released for the reason that they are not liable for confiscation either under the provision of Indian Penal Code or the Bihar Prohibition & Excise Act, 2016.
Even though, notices in the petition was issued on 14 th January, 2020 and opportunity to file response was afforded to the State, it seems that no response was filed. However, during course of the hearing, Shri Vikash Kumar, learned Standing Counsel, fairly states that the goods, i.e., medicines packed in 625 cartoons, are not liable to be confiscated either under the provision of Indian Penal Code or the Bihar Prohibition & Excise Act, 2016, for they were being transported strictly in accordance with law, with proper invoice having name of the consignee and the consignor.
Shri Chandra Kant, learned counsel for the petitioner, states that medicines are likely to expire in the near future and, unless so released, the owner would suffer loss.
We notice that the petitioner is a manufacturer of drugs and is consignor. As per the G.R. note we notice that one Triveni Sales Corporation is the consignee who has its permanent office at Patna.
Patna High Court CWJC No.22047 of 2019(4) dt.04-03-2020 4/4 As such, we deem it prudent to direct that the medicines packed in 625 cartoons transported in terms of G.R. Annexure-2, 3, 4 and 5 be released either to the consignee or the consignor.
At this stage, Shri Vikash Kumar, states that State shall release the goods to the transporters from whom it was seized.
Shri Chandra Kant has no objection to the same. As such, we direct the goods to be released forthwith to the transporter.
Shri Chandra Kant states that the transporter shall approach the authority latest by tomorrow.
Mr. Vikash Kumar states that goods shall be released forthwith on verification of identity of the transporter.
We clarify that all 625 cartoons of medicines so seized on 1st of June, 2019 shall be released in favour of the transporter.
Petition stands disposed of in the aforesaid terms.
(Sanjay Karol, CJ) (S. Kumar, J) Ranjeet/-
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