Patna High Court - Orders
Roushan Singh vs The State Of Bihar on 13 May, 2022
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41005 of 2021
Arising Out of PS. Case No.-131 Year-2021 Thana- GAIGHAT District- Muzaffarpur
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ROUSHAN SINGH
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand
For the Opposite Party/s : Mr.Kanhaiya Kishore, APP.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
10 13-05-2022Heard the parties in virtual Court.
It is submitted by Mr. Chandra Shekhar Anand, learned counsel appearing on behalf of the petitioner that vide order dated 20.04.2022, petitioner was released on provisional bail and after release, petitioner too cooperated with the prosecution. On his own endeavour, he informs that E-way Bill was generated with respect to the container bearing Registration No. NL01AB3168 with respect to certain GST goods but huge quantity of liquor was smuggled inside the State of Bihar in garb of GST goods. The vehicle was seized while liquor was being loaded on different vehicles and cars to be transported from the place of occurrence for delivering it to different prospective consumers/mafias who are running syndicate at the State level. The petitioner was a passerby having no concern with the Patna High Court CR. MISC. No.41005 of 2021(10) dt.13-05-2022 2/5 alleged liquor or with the persons involved in the illicit trade of liquor. He has made specific statement in Para-3 of the bail application that the petitioner has no criminal history.
It has been informed by the petitioner that the alleged container was seized on 25.03.2021 and as per his instruction, the container has not been confiscated till date and has been left to ply even after seizure and in this regard no action has been taken either by the Superintendent (Excise) or Police authorities or the Commercial Taxes Department having jurisdiction to locate the consignor and consignee mentioned in the E-way Bill generated with respect to the above container.
A report containing details of the E-way bills generated with respect to the above container bearing registration no. NL01AB3168, registered in the State of Nagaland nine years and five months back from the date of seizure that even after seizure of the aforesaid vehicle on 25.03.2021, several E-way Bills with respect to certain GST goods have been generated. As per the report submitted by the Commercial Taxes Department, a few of which are as follows:
Sl. No. Date Bill No. Consignor Consignee Transporter Goods Type GSTIN 01 17.11.2021 4912129014 RPG LIFE RPG LIFE 27AAGCB MEDICA SCIENCES SCIENCES 3904P2ZC MENTS 14 LTD, B-15 LTD RANCHI EXCLUDING FOR MEERUT GOODS OF ROAD INDUSTRIAL AREA, GURGAON 02 17.11.2021 4912129014 RPG LIFE RPG LIFE 27AAGCB MEDICA Patna High Court CR. MISC. No.41005 of 2021(10) dt.13-05-2022 3/5 14 SCIENCES SCIENCES 3904P2ZC MENTS LTD, B-15 LTD RANCHI EXCLUDING FOR MEERUT GOODS OF ROAD INDUSTRIAL AREA, RANCHI 293 06.03.2020 2311884595 GODREJ AND GODREJ AND 27AAACG139 REFRIGERAT BOYCEM BOYCEM 5DIZU ORS, 91 FG.CO.LTD.SAFG.CO.LTD.S FREEZERS TARA ABALPUR AND OTHERS PATNA 282 22.12.2020 8911315013 MAA TARINI HARDOLI 21CSQPS7626 RECOVERED TRADERS PAPER MILLS Q1ZR WASTE AND 20 KEONJHAR LTD.HARDOL SCRAP PAPER I OR The above table is based on the report submitted by the Commercial Taxes Department, it would appear at Serial No.1, E-way Bill No. 491212901414 was generated on 17.11.2021, the name of the consignor is RPG LIFE SCIENCES LTD, B-15 FOR MEERUT ROAD INDUSTRIAL AREA, GURGAON located at Gurgaon and the GST goods were to be transported to the consignee located at Ranchi. Similarly E-way Bill No.491212901414 at Sl No.2 generated on 17.11.2021 with respect to the consignor and consignee who are located in the State of Haryana and Jharkhand. It would be relevant to mention here that on 06.03.2020 at Sl No. 293 relates to E-way bill No. 231188459591 relating to certain GST goods booked by the consignor Godrej AND BOYCOM FG.CO.LTD., Satara which was to be delivered to its ware house at Sabalpur, Patna and after 06.03.2020, a subsequent E-way Bill was generated thereafter.
It is important to take note of the fact that this is Patna High Court CR. MISC. No.41005 of 2021(10) dt.13-05-2022 4/5 one of the case which shows the direct complicity of the State authorities to be associated with the Mafias. The seizure was effected by the police officer of Gayghat Police Station, Muzaffarpur but had not forwarded case as per provisions of Bihar Prohibition and Excise Act, 2016 for initiation of confiscation proceeding before the prescribed authority.
A joint report dated 03.04.2022 contained in Memo No. 1105 has been submitted by Superintendent, Excise, Muzaffarpur. but the said report is devoid of the fact as to whether any confiscation proceeding of the seized container was/is initiated or pending. Surprisingly E-way bills subsequent to the seizure have been brought by the State Tax / Commercial Taxes Department.
It seems to this Court that State officials have played fraud upon the State in particular and with the people of the State in general.
Let a copy of this order be communicated to the learned Advocate General, Bihar and to the Chief Secretary, Bihar.
The Chief Secretary, Bihar shall look into the matter seriously and take all necessary steps to find out all such similar cases to stop smuggling of illicit liquor inside the State Patna High Court CR. MISC. No.41005 of 2021(10) dt.13-05-2022 5/5 of Bihar and action taken against the authorities who have deliberately not performed their statutory obligation in discharge of their duties.
List this case on 23.06.2022 by which date action taken report must be submitted before this Court.
(Purnendu Singh, J) mantreshwar/-
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