Patna High Court
M/S Parsuram Roadways vs The State Of Bihar on 10 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5759 of 2022
======================================================
M/s Parsuram Roadways, At Ranchi Harmu Road, Bano, Manjil, Near Pahari
Temple Ranchi, District -Ranchi (Jharkhand), Proprietorship Vishnu Kumar
Sharma, aged about 42 Years, Male, Son of Shambhu Dayal Sharma, Resident
of Block No. 7/1/18, Road No. 04, Durga Puja Maidan, P.S.-Tatanagar, P.S.-
Bagbera, Bagbera Colony, District - Purbi Singhbhum (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Department
Government of Bihar, Old Secretariat, Patna.
2. The District Magistrate, Cum Collector, Patna.
3. The S.H.O. Agamkuan Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr.Manish Kumar Singh, Advocate
For the Respondent/s : Mr.Vivek Prasad ( Gp 7 )
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 10-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
Patna High Court CWJC No.5759 of 2022 dt.10-05-2022
Allegation in FIR is recovery of 30 liter spirit from a
truck having registration No.JHO5CQ 4243 parked inside the
godown.
It is submitted on behalf of petitioner that although in
the FIR and seizure list prepared, seizure has been shown only
of the truck and 30 litre spirit kept on said truck but entire
rented godown belonging to M/s Parsuram Roadways
(petitioner) has been sealed, as a result of which, many life
saving drugs and perishable food materials lying in the
godown which have been validly transported from one
destination to another on payment will become useless. Entire
goods have been accepted and transported on behalf of
consignor are accounted for and all taxes have been paid to the
concerned department.
The consignment which has been seized was a
container of a spirit used for wood painting and barnish
materials and the consignee is Manikant Kumar and the
consignor was Sahaj Kumar of Dhanbad and which was
transported as per the challan Bilti No. 252, as such, there was
no concealment either of the article transported nor the name
of consignor and consignee.
Petitioner is only a carrier and transporter who carries
Patna High Court CWJC No.5759 of 2022 dt.10-05-2022
the consignment as per its booking from one destination to
another and usages his godown for said purpose and he is not
the owner of the consignment.
In said view of the matter, as the seized articles 30 litre
spirit and truck on which said spirit was loaded has already been
taken away by the police and kept in police station which are
liable for confiscation and no other article have been seized by
the police nor form part of the FIR and seizure list, as such,
during pendency of the confiscating proceeding, the
confiscating authority is directed to provisionally unseal the
godown of petitioner till conclusion of confiscating proceeding
upon furnishing adequate sureties to the satisfaction of
confiscating authority and permit other articles, which are lying
in the godown and does not form part of the seizure list and not
liable for confiscation, be released in favour of its lawful owner
on production of ownership document with respect to such
articles / commodities.
The writ petition is, accordingly, disposed of.
(Sanjay Karol, CJ)
Sanjay/- ( S. Kumar, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2022
Transmission Date NA
