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2024 DIGILAW 1207 (PAT)

Raul Nirman Private Ltd. v. State of Bihar

2024-12-13

P.B.BAJANTHRI, S.B.PD.SINGH

body2024
P. B. Bajanthri, J.—In the instant petition the petitioner has prayed for following reliefs:— “Issuance of writ of mandamus, directing the respondents to forthwith release tankers bearing registration no. MH46BF3727 & MH46BF3262, which has been seized in connection with Pipra Kothi P.S. Case No. 88 of 2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 20(B) iiC, 23 & 29 of the Narcotics Drugs & Psychotropic Substance Act, 1985, which has lawfully transporting Ethanol which is not an intoxicant or liquor, on the strength of valid documents/permits within the State of Bihar; ii. To restrain the respondents from initiating any proceedings for confiscation of the aforesaid tankers, seized with Pipra Kothi P.S. Case No. 88 of 2024 dated 26.04.2024, as the consignment was lawfully transported; iii. To pass such other order(s), direction (s) as your Lordships may deem fit and proper in the facts and circumstances of the case.” 2. Indian Oil Corporation had purchased about sixty thousand litres of ‘Ethanol’ under Ethanol Blending Programme from Bharat Urja Distillaries Pvt. Ltd. Muzaffarfur and it was required to be transported to Indian Oil Corporation, Motihari. The aforementioned paper transaction was completed on 25.04.2024 and material was uploaded to the two tankers bearing registration no. MH46BF-3262 and MH46BF-3727 each of the tanker is stated to have been carrying thirty thousand litres of ‘Ethanol’. While it was in transit, the vehicle was seized within three hours from the place of dispatch, namely Pipra Kothi Police Station, Motihari and registered a P.S. Case No. 88 of 2024 on 26.04.2024. Yet another vehicle viz., Urban Cruizer, four wheeler bearing registration no. BR06CX9809, was seized by the police officials and stated to have recovered raw spirit to the tune of 155 litres from the four wheeler. 3. Perusal of the seizure memo (Annexure R/2) dated 26.04.2024 reproduced and it is as under:— ^^i;kZIr jkS'kuh esa rS;kj fd;k x;kA ryk'kh $ tIrh lwph izlax%&fiijkdksBh Fkkuk dkaM lañ&88@24 fnñ& 26@04@2024 èkkjk 272@273@308@328@414@ 467@468@471 IPC & 30(a) fc-e-fu- ,oa mRikn vfèk- & 20(b) (ii) (c)/23(c)/29 NDPS Act. 3. Perusal of the seizure memo (Annexure R/2) dated 26.04.2024 reproduced and it is as under:— ^^i;kZIr jkS'kuh esa rS;kj fd;k x;kA ryk'kh $ tIrh lwph izlax%&fiijkdksBh Fkkuk dkaM lañ&88@24 fnñ& 26@04@2024 èkkjk 272@273@308@328@414@ 467@468@471 IPC & 30(a) fc-e-fu- ,oa mRikn vfèk- & 20(b) (ii) (c)/23(c)/29 NDPS Act. 1- frfFk ,oa le;&26@04@24 03%45 cts 2- tIrh dk LFkku&xzke&okjxat esa fLFkr QkSth ykbZu gksVy dsSEil 3- tIr djus okys iqfyl inkfèkdkjh dk uke ,oa in uke%&iqñ vñ fuñ jktsUnz flag Fkkuk& fiijkdksBh] ftyk] iwohZ pEikj.k] eksfrgkjh 4- tIr leku dk fooj.k%&idM+k;s O;fDr jkts'k flag ds nkfgus ikdsV ls ,d vIiks ,&57 dEiuh dkyk jax dk ,UMªk;M eksckbZy ftlesa nks lhe (1) 8319191113 Jio (II) 8092233832 Airtel (2_ ck¡;s ikdsV ls Vks;Vk vjcu Øwtj jftñ uñ BR06CX9809 dk pkHkh ¼3½ Vks;Vk vjcu Øwtj dkj jftñ uñ BR06CX9809 psñuañ MA3P GJ1SND933434 bZatu uñ Patna K15BN4256406 ds ck;sa rjQ lhV ds lkeus Vwy ckWDl esa dkyk ikWfyfFku esa Hkwjk jax ds IykfLVd esa yisVdj j[kk Hkwjk jax dk pjl tSlk eknd inkFkZ ftldk otu yxHkx 01 fdñ xzke ,oa dkj ds fMDdh esa nks IykfLVd ds 40 yhVj okys tfdZax esa dPpk LizhV] lQsn jax ds 40 fyñ okys ,oa dkys jax ds 35 fyñ okys tfdZad esa Qwy&dPpk LizhV] ,oa MhDdh esa j[kk ,d IykfLVd dk ckYVh ,oa ,d rsy dqih ¼4½ VSudj jft MH46BF-3262 psñ uañ MC2M1PRC0JE055717 bZañ uañ V1 DX5331097B1P, dk pkHkh] ,oa dschu esa j[kk Hkkjr mtkZ fM izkñ fyñ dk Feed stock certificate ,oa jkmy fuekZ.k izkñ fyñ dUlkbZUesaV uksV o vU; dkxtkr o vuqekfur Vsadj esa 30000 fy fLizV ¼5½ VSadj jftñ uñ MH46BF-3727 psñuñ MC2M1PRC0JE0719 bZañ uañ VEDX533 1304B1P, ds dschu esa j[kk pkHkh o Vsadksa esa vuqekfur 30000 fyVj fLizV dqy vuqñ ek=k & 600000 5- mifLFkr xokgksa dk uke ,oa irk%&¼01½ lSi lañ 2855 dkes'oj flag ¼02½ lSi lañ 6636 fnus'k dqekj flag nksuksa flñ dksBh Fkkuk 6- xokgksa dk gLrk{kj %&¼01½ gñ dkes'oj flag ¼02½ gñ fnus'k dqekj flag 7- iqfyl inkfèkdkjh dk gLrk{kj %& jktsUnz flag 26@04@24 iqñ vñ fuñ ihijkdksBh Fkkuk** Reading of the Seizure Memo, it is evident that there was no tamper of both the tankers which was under digital lock, insofar as carrying Ethanol material Muzaffarpur to Motihari. We have to take note of the fact that digital locks were installed by the Excise Officials/Police. We have to take note of the fact that digital locks were installed by the Excise Officials/Police. As on the date of seizure of the tankers, digital locks were intact, to this effect it is evident from the personal affidavit filed on behalf of the Superintendent of Police, para 9 dated 08.10.2024 and it reads as under:— “9. That on 28.04.2024 the tanker (1.) no. MH46BF-3727 and (2.) MH46BF- 3262 were unlocked in presence of Mr. Deepak Kumar Singh Excise Inspector Motihari, Transporter Punjab Goods, Truck proprietor, warehouse operator BOD, warehouse Incharge BOD, Inspector cum SHO, Piprakothi PS and the details of recovered materials are detailed, tanker wise in the certificate granted by the parties connected with seizure and recovery process. (A copy of application cum permission granted by the Court and certificate granted by the officer conducting unlocking process).” 4. These are the two crucial documents to reveal that subject matter of two tankers were not tampered or any person has misused or abused the Ethanol material from the tankers. Transporting of Ethanol from one place to another place is/was legally permissible as is evident from the documents relating to purchase and its transportation and so also digital locks were installed by the competent authority. 5. Taking note of the above material information the concerned Police officials have abused their power insofar as seizure of the two tankers. 6. Learned counsel for the respondent submitted that two tankers were moving along with Urban Cruiser car bearing registration no. BR06CX9809. From the aforementioned car they have recovered 155 litres of raw spirit therefore, there is an interlink among the car and tankers to that effect they have not produced any material information. Be that as it may, vehicle can be seized provided any illegal transportation of liquor or possessing illegal liquor in that event only provisions of Excise Act 2016 is attracted. 7. In the present case, transportation of Ethanol is in accordance with relevant statute and there is no tamper of tankers during the transit and even on the date of seizure of the vehicle in view of the affidavit filed on behalf of the fourth respondent which has been cited supra. Therefore, the official respondents have committed serious error insofar as seizure of the tankers and so also disposal of sixty thousand litres of Ethanol. Therefore, the official respondents have committed serious error insofar as seizure of the tankers and so also disposal of sixty thousand litres of Ethanol. When the Ethanol material was genuine and it was transported in accordance with law there was no hurry to dispose of seized Ethanol material to the tune of sixty thousand litres and it is worth about Rs. 45,44,800/- (Rupees forty five lakh forty four thousand eight hundred). 8. In the light of these facts and circumstances, the petitioners have made out a prima facie case for release of the tankers. However, Ethanol material to the tune of sixty thousand litres which have been destroyed/disposed by the official respondents and the same cannot be return to the petitioner, therefore the concerned authorities are hereby directed to release the subject matter of two tankers bearing registration no. MH46BF-3262 and MH46BF-3727 in favour of the petitioner forthwith. Further, they are liable to pay value of the disposed Ethanol to the tune of Rs. 45,44,800/- (Rupees forty five lakh forty four thousand eight hundred) the same shall be paid to the petitioner within a period of eight weeks from today. That apart, having caused undue hardship and mental agony to the petitioner, for these, they are entitled to litigation cost as well as compensation and it is quantified at Rs. 1,00,000/- (Rupees one lakh). This amount also shall be paid along with the value of the Ethanol to be paid to the petitioners. 9. Accordingly, the present Civil Writ Jurisdiction Case No. 9096 of 2024 stands allowed. 10. The Disciplinary Authority to such of those erring officials who have abused their power and position shall be subjected to disciplinary proceedings while framing charges insofar as alleged misdeeds and loss caused to the State exchequer and proceed to initiate and conclude the disciplinary proceedings within a period of six months from the date of receipt of copy of this order. In this regard, a report shall be made to this Court after six months. 11. Re-list this matter on 16.06.2025, for perusal of report.