Patna High Court
Dtdc Express Ltd. (Courier Company) vs The Principal Secretary on 2 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3747 of 2025
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DTDC Express Ltd. (Courier Company) Near Didarganj Toll
Plaza, Bypass Road, Karamalichak Nagar, P.S.-Malsalami,
District- Patna, Bihar- 800009.Through its legal Manager, Arnab
Mukherjee male, aged about 39 years, S/o Apurba Nath
Mukherjee, R/o Behala, Circus Avenue Kolkata, P.S. Parnausi,
District- Kolkata (West Bengal)
... ... Petitioner/s
Versus
1. The Principal Secretary, Excise Department, Govt. of Bihar,
Secretariat Patna.
2. The District Magistrate Cum Collector, Buxar District- Buxar.
3. The Sub Divisional Magistrate (SDM) Buxar, District- Buxar.
4. The Excise Superintendent, Buxar, District-Buxar.
5. The SHO, Buxar Excise Police Station, District-Buxar.
... ... Respondent/s
===============================================
Appearance :
For the Petitioner/s : Mr.Fahad Khurshid, Adv.
Mr. Kumar Kaushik, Adv.
For the Respondent/s : Mr. Sushil Kumar (GP-22)
Mr. K.K. Singh, AC to GP-22
===============================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 02-07-2025
In the instant petition, petitioner has prayed for the
following reliefs:
"(A) A writ in the nature of mandamus
commanding the respondents to release the goods
seized in connection with Buxar Excise P.S. Case No.
Patna High Court CWJC No.3747 of 2025 dt.02-07-2025
240 / 24 (Ann.-2) dated 29.6.24. The goods prayed to
be released are mentioned in the list annexed as
Annexure-1 to this writ petition. The goods are not
prohibited.
(B) A writ in the nature of certiorari
quashing the order dated 6.12.2024 and 27.12.2024
(Ann.- 9 and 11 respectively) passed by the SDM
Buxar P.S. Case No. 240 2024 whereby and
whereunder the SDM (respondent no.4) has declined to
release the good items which are not forbidden/
prohibited under the law. Also the two orders by the
SDM Buxar Sadar is unreasonable and do not address
the main issue.
(C) For passing any other suitable order/s
which your lordship deems fit."
2. The petitioner - DTDC Express Ltd. are into courier
business. They have booked the truck-container bearing no.
HR55A-H-7501 for the purpose of transportation of goods from
Gurugram to Patna. During the transit, the vehicle was seized at
New Ganga Bridge, Excise Checkpost, Buxar Industrial Area,
Distt. Buxar on 29.06.2024. The driver of the truck was not only
carrying the goods of the petitioner, he was carrying 360 litres of
liquor. Thus, the Excise / Police officials proceeded to initiate
action against the driver of the truck while seizing the subject
Patna High Court CWJC No.3747 of 2025 dt.02-07-2025
matter of the vehicle along with the goods. For the release of
goods other than liquor, the petitioner who is owner of the
goods, had filed criminal petition before the jurisdictional court
on 03.07.2024 and it was rejected on 29.07.2024. He had
approached the Authorities on 07.09.2024 for release of the
goods. It was not materialized resultantly, he had invoked
remedy before this Court in filing CWJC No. 15630 of 2024 and
it was disposed of on 08.10.2024 while directing the official-
respondents to consider the petitioner's grievance within a
period of three weeks. Thereafter, the Authorities have rejected
on two occasions namely, 6.12.2024 and 27.12.2024, which are
the subject matter of the present litigation. Simultaneously,
petitioner had filed one more criminal petition before the
jurisdictional court and it was rejected on 06.01.2025. Hence,
the present petition.
3. Learned counsel for the petitioner submitted that he
being only an agent and who is into courier business, he had
booked the subject matter of truck container for the purpose of
transporting goods other than the excise material, which has
been narrated on page-27 (Annexure - 1) to the seizure list. The
container/truck should have been seized along with the liquor
only, for the reasons that perusal of the FIR, offences for the
Patna High Court CWJC No.3747 of 2025 dt.02-07-2025
seizure of the container/truck is only to the extent that
possession of the vehicle has violated offences under the Excise
Act. Annexure -1 to the seizure memo is not in respect of item
no. 1 to 33 is not relating to excise material. Therefore, in all
fairness, the seizure authority should not have seized. Assuming
that it was seized, which should have been released in favour of
the concerned person after due verification of the records.
4. Further submitted that unnecessarily petitioner has
been harassed from 29.06.2024 to till date. He was compelled to
invoke number of remedies before the criminal jurisdictional
court and before this Court. Overall on four occasions, he has
invoked the remedy before court of law. Therefore, seizure of
Annexure-1 items at 1 to 33 is without authority of law. In
particularly, those items do not fall under the offence of the
Excise Act.
5. Per contra, learned counsel for the respondents,
submitted that there is no infirmity in the seizure of the items at
1 to 33 at Annexure-1 for the reasons that whatever the seizure
of 360 liters of liquor was carrying with these goods. Therefore,
there is no infirmity. It is further submitted that 5 th respondent is
stated to have informed the higher authorities. Therefore, there
is no infirmity in respect of inaction insofar as release of the
Patna High Court CWJC No.3747 of 2025 dt.02-07-2025
goods narrated in Annexure-1 in particularly, item no. 1 to 33 in
favour of the petitioner.
6. Heard the learned counsels for the respective
parties. Undisputed facts are that on 29.06.2024, vehicle no.
HR55A-H-7501 was seized along with the 360 litres of liquor
and goods narrated in Annexure-1 to Seizure Memo at serial no.
1 to 33. It is also not disputed that the petitioner had invoked
criminal jurisdictional court on two occasions and before this
Court this is the second round litigation.
7. Despite these multiple limitations, the petitioner
was not extended the relief for which he is entitled to. In other
words, seizure of the goods at item no. 1 to 33 to Annexure-I to
the Seizure Memo is not part and parcel of excise material so as
to invoke offences under the Excise Act. It is to be noted that
item no. 1 to 33 of Annexure-1, the concerned authority has not
registered any offences under the Sales Tax etc. for illegally
transporting under any specific provision of law.
8. At the best, the seizing authority should have sought
for certain documents relating to ownership of item no. 1 to 33
and released the same within a reasonable period of time from
the date of seizure, the same has not been done. Thus, the
petitioner has been harassed unnecessarily for more than one
Patna High Court CWJC No.3747 of 2025 dt.02-07-2025
year. Hence, the petitioner has made out a case so as to grant
relief. Accordingly, the impugned decision of the respondent
dated 6.12.2024 and 27.12.2024 are set aside.
9. The concerned authority is hereby directed to
release the goods within a period of one week from the date of
receipt of this order after due verification of the fact that
petitioner is connected with the seized goods at item no. 1 to 33.
10. The petitioner shall cooperate in producing
necessary material to connect the goods, which are narrated in
Annexure-1. It is a case for imposing cost, in view of the fact
that petitioner has been unnecessarily harassed for about one
year and he had filed multiple litigations before this Court and
Criminal Jurisdictional Court. In this regard, we have taken note
of principle laid down by the Hon'ble Supreme Court in its
Judgment, namely, UFLEX Ltd. Vs. Government of Tamil
Nadu & Ors. reported in (2022) 1 SCC 165. Therefore, the
respondents are hereby directed to pay a sum of Rs. 50,000/- to
the petitioner towards litigations cost. The cost shall be paid by
the respondents within eight weeks from the date of receipt of
this order.
11. Accordingly, writ petition stands disposed of.
Patna High Court CWJC No.3747 of 2025 dt.02-07-2025
12. Copy of this order be communicated to the Chief
Secretary of the State of Bihar, DGP, State of Bihar and
Commissioner of Excise Department, State of Bihar.
(P. B. Bajanthri, J)
Sushma/- ( S. B. Pd. Singh, J)
AFR/NAFR AFR
CAV DATE NA
Uploading Date 08/07/2025
Transmission
Date
