Patna High Court
M/S Laborate Pharmaceuticals ... vs The State Of Bihar Through The ... on 19 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5272 of 2021
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M/s Laborate Pharmaceuticals India Limited, a company registered under the
Indian Companies Act, 1956 having its registered office at E-11, Industrial
Aera, Panipat, Haryana through its authorized representative namely Rajnish
Kumar, s/o Hemendra Nath Thakur, aged about 36 years (Male), resident of
Baghmara, P.S.-Simraha, District-Araria, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Prohibition Excise and Registration Department, Government of Bihar,
Patna.
2. The Excise Commissioner, Department of Prohibition Excise and
Registration Department, Government of Bihar, Patna.
3. The District Magistrate, Gopalganj.
4. The Excise Inspector, Balthari Check Post, Excise Police Station, Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanchay Srivastava, Advocate
Mr. Aalekh Anand, Advocate
Mr. Saurav Suman, Advocate
Mr. Ravi Prakash, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P. 7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 19-05-2021
Heard the parties.
Petitioner has prayed for following reliefs:-
"For issuance of an appropriate writ
order/direction(s) in the nature of
Mandamus for a direction to the
concerned respondents authorities to
forthwith release the life-saving
essential medicines/drug belonging to
Patna High Court CWJC No.5272 of 2021 dt.19-05-2021
the petitioner in favour of the
petitioner which was seized in
connection with Excise Case No.
368/2020 dated 24.12.2020, instituted
under Sections 30(a) and 41(1) of the
Bihar Excise (Amendment) Act 2018
alongwith Sec. 120(B) IPC without
any fault of the petitioner.
II. That the present writ application is
being filed for issuance of an
appropriate writ order/direction(s) in
the nature of mandamus or any other
appropriate writ to direct the
concerned respondent authorities to
forthwith release the aforesaid
medicines belonging to the petitioner
in favour of the petitioner immediately
as it is causing irreparable damage to
the petitioner who is directly affected
due to seizure of the aforesaid
medicine as the condition of medicine
is liable to deteriorate with passage of
time.
III. And for issuance of any other
relief or relief(s) for which the
petitioner is entitled for.
Petitioner claims to be renowned manufacturer of
medicines and is a company registered under the provisions of
Company Act. It is submitted on behalf of petitioner that Life
Saving Medicines were being transported from its
manufacturing unit at Panipat to C.N.F., Patna from the truck
bearing Registration No. JH01 CR 7603 which was intercepted
by the Excise Officer and on search huge quantity of foreign
Patna High Court CWJC No.5272 of 2021 dt.19-05-2021
wine was found concealed in said truck, as such, driver and co-
driver were arrested giving rise to Excise Case No. 368/2020
(Gopalganj) and truck, illicit wine as well as medicine of
petitioner was seized by the Excise officials.
It is submitted that petitioner is the owner of seized
medicine which was being transported from its manufacturing
unit, Panipat to its CNF, Patna which is perishable in nature
and petitioner has nothing to do with the illicit liquor or the
seized truck.
As the seized medicines are not liable for
confiscation under Section 58 of the Excise Act, as such, bar of
jurisdiction in confiscation under Section 60 of the Excise Act
is not applicable and the Special Court, Excise, Gopalganj
where Excise Case No. 368/2020 is pending is empowered to
release the seized medicines during pendency of trial, as such,
order dated 11.01.2021 passed by Additional District and
Sessions Judge-2, Gopalganj in Excise Case No. 368/2020 (as
contained in Annexure-2 ) is set aside.
The writ petition is disposed of with direction to the
court below to release the medicine in favour of petitioner upon
furnishing of adequate security to the satisfaction of court and
upon production of documents of ownership of medicine with
Patna High Court CWJC No.5272 of 2021 dt.19-05-2021
terms and conditions as usually imposed for release of said
commodities during trial within 10 days from the date of
receipt/production of a copy of order passed by this Court.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.05.2021
Transmission Date NA
