Patna High Court - Orders
Shailsuta Logistics Private Ltd., ... vs The State Of Bihar Through Principal ... on 21 August, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1981 of 2018
Arising Out of PS. Case No.-141 Year-2018 Thana- NADI P.S. District- Patna
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Shailsuta Logistics Private Ltd., a company registered under Companies Act
having its registered office at 23/23B, EMCA house, Ansari Road, Dariya
Ganj, New Delhi, through Its Authorised Signatory Surendra Kumar, Son of
Bhagwan Ram, Resident of 69, Jatt Basti Lelki, P.S. - Rajgarh, District -
Churu, State - Rajasthan.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Prohibition, Excise And
Registration Department, Government of Bihar, Patna
2. The Collector, Patna.
3. The Senior Superintendent of Police, Patna.
4. The officer in charge, Nadi Police Station, Sub Division Fatuwah, District -
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner : Mr. Alok Kumar Agrawal, Advocate.
Mrs. Priya Gupta, Advocate.
Mr. Mohit Kumar, Advocate.
For the Respondents : Mr. Akash Chaturvedi (AC to SC11)
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 21-08-2018The petitioner has approached this Court for release of 996 boxes of Emami Brand Zandu Bam and Chettah Cream which have been seized along with the truck on which the consignment was loaded in connection with Fatuha (Nadi) P.S. Case No. 141 of 2018 dated 21.07.2018 which has been registered under Sections 30(a)/38(a) of the Bihar Excise Prohibition Act, 2016.
The petitioner-company deals in logistics and had entered into an agreement with Emami Limited for transport of its products from one place to another by Patna High Court Cr. WJC No.1981 of 2018(2) dt.21-08-2018 2/3 hiring public career transport. In connection with the aforesaid contract, a vehicle was hired by the company for transporting the consignment in question from Ambala to Patna. On reaching Patna, the vehicle was searched and was found to be loaded with several cartons of liquor in violation of the provisions of the Bihar Excise and Prohibition Act, 2016. The aforesaid information viz. the seizure of the vehicle along with the contents was communicated to the company by the owner and driver of the vehicle.
It has been submitted on behalf of the petitioner that the consignment contains medical products which was booked by the petitioner for being delivered at Patna. The consignment papers and e-way bill has been brought on record to prove the bona fides of the company. It has further been submitted that for the violation of the provisions of the Bihar Excise and Prohibition Act, 2016 only the vehicle in question and the excisable materials can be confiscated in view of the provisions contained in Section 56 to 61 of the Act. Medicinal products, the consignment of which has been seized along with the vehicle in question, does not fall in the category of those items which could be seized. In any view of the matter no good purpose would be served in keeping the aforesaid consignment seized.
Mr. Akash Chaturvedi, learned AC to SC 11 has Patna High Court Cr. WJC No.1981 of 2018(2) dt.21-08-2018 3/3 submitted that matters relating to the release of articles seized for violation of the provision of the excise act are listed before Division Bench for final consideration on 27th of August, 2018. He has therefore, requested that this matter be posted after the aforesaid cases.
Let counter affidavit be filed within a period of four weeks from today.
In the meantime, pending initiation/finalisation of any confiscation proceeding with respect to the consignment in question, the same is directed to be released in favour of the petitioner subject to the petitioner furnishing bank guarantee or indemnity bond of Rs. 10,00,000/- (Ten Lakhs) with two sureties of the like amount. The petitioner shall also be required to furnish an undertaking that in case the confiscation proceeding, if initiated, ends up against the petitioner, he shall restitute the aforesaid articles or the value of the same to the state government.
List this case for further consideration after four weeks on 18.09.2018.
(Ashutosh Kumar, J) krishna/-
U T