Patna High Court
Indian Infratech vs The State Of Bihar on 15 September, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9473 of 2025
======================================================
Indian Infratech a registered partnership firm, having its registered office at 1 st
Floor, Shop no.- 22, Church Complex in front of Andrews Inter College,
Shastri Chowk, Gorakhpur, P.S.- Cantt. Gorakhpur District- Gorakhpur-
273001 (U.P.) through its constituted attorney, Santosh Kumar, Male, aged
about 39 years, son of Sri. Lalan Singh, resident of Village- Dhandhua, Ward
No.- 10, Bishunpur Ragho, P.S.- Jandaha, District- Vaishali- 844504 Bihar.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Begusarai.
4. The Senior Superintendent of Police, Begusarai.
5. The Station House Officer, Barauni Police Station, Begusarai.
6. Indian Oil Corporation Limited, Barauni, District- Begusarai
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Satyabir Bharti, Senior Advocate
Ms. Kanupriya, Advocate
Mr. Abhishek Anand, Advocate
Mr. Ganga Prasad Bimal, Advocate
For the State : Mr. Kumar Alok, Standing Counsel (07)
For the IOC : Mr. Ankit Katriar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 15-09-2025
The present writ application has been filed seeking the
following reliefs:-
"(i) Issuance of writ of mandamus, directing the
respondents to forthwith release tanker bearing
registration no.UP53T8533 along with 25,000 liters of
Ethanol, which has been seized in connection with
Barauni (Zeromile) O.P. Case No.80 of 2025 dated
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
2/8
17.05.2025
, instituted under Section 30(a), 33, 41(1)
of the Bihar Prohibition and Excise Act, 2016 and
303(2)/62 of BNS which was lawfully being
transported from M/s Westwell Biorefinery Pvt. Ltd.,
Gopalganj (Bihar) to Indian Oil Corporation, Barauni
Refinery, District-Begusarai (Bihar), on the strength of
valid documents/permits;
(ii) To restrain the respondents from destruction of
25000 liters of Ethanol stored in the tanker, which has
been seized in connection with Barauni (Zeromile)
O.P. Case No.80 of 20025 dated 17.05.2025, as the
consignment was lawfully being transported to Indian
Oil Corporation, Barauni Refinery, District-Begusarai,
on the strength of valid documents/permits.
(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. It is the case of the petitioner that the petitioner is
engaged in transportation services and being owner of fleet of
tankers which are registered with the Bihar Excise Department for
transporting alcohol related products in the State of Bihar, the firm
of the petitioner is engaged in providing transportation services
from the distillery of M/s Westwell Bio-refineries Private Limited
Rajapatti, Kiioti, District-Gopalganj to the Indian Oil Corporation
Ltd. for blending with petrol.
3. It is submitted that in the present case the tanker of
the petitioner was loaded with ethanol which was to be delivered
at the destination i.e. Indian Oil Corporation, Barauni Refinery.
The tanker started its journey on 15.05.2025 at around 7.00 PM
and it reached its destination at 8.30 AM on the next day, recorded
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
its arrival and was waiting on the road for its turn for unloading
the tanker. It is stated that some times the waiting time is more
than 24 hours. According to the petitioner, while the tanker was
stationed near the destination with the digital lock and GPS of the
vehicle affixed on the tanker, it was intercepted by the police
officials of Barauni (Zeromile) O.P. District-Begusarai making a
false and concocted allegation that the driver had intended to
unload ethanol loaded with the tanker, he seized the tanker
containing 25000 liters of ethanol and lodged Barauni (Zero Mile)
OP Case No.80 of 2025 dated 17.05.2025 registered under under
Section 30(a), 33, 41(1) of the Bihar Prohibition and Excise Act,
2016 and Section 303(2)/62 of the Bhartiya Nagrik Sanhita (BNS).
The entire quantity of 25000 liters of ethanol was found to be
loaded on the tanker at the time of seizure.
4. It is submitted that the ethanol which is loaded on the
tanker is not an intoxicant or liquor. It is industrial alcohol, unfit
for human consumption and used for blending with petrol under
the National Biofuel Policy, 2018 of the Government of India.
5. Learned counsel for the petitioner submits that the
consignment of ethanol could not have been seized by the police
alleging violation of the Bihar Prohibition and Excise Act as it is a
raw material for blending with petrol. Thus, the police officials
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
had absolutely no jurisdiction to seize the consignment of ethanol.
The petitioner has enclosed with the writ petition a copy of the
GPS and digital lock report (Annexure-P/9) to submit that it would
demonstrate that the consignment was being lawfully transported
but the police officials in a mischievous act has seized the tanker
containing ethanol which ought to have been delivered to IOCL.
6. A counter affidavit has been filed on behalf of the
respondent no.4, which has been sworn by the Deputy
Superintendent of Police (Reserve), Begusarai. According to
respondent no.4, Zero Mile (O.P.) Incharge, namely, Chandrakant
Kumar got a secret information that ethanol/spirit is being taken
out from the tanker by some persons in the way of BPCL Campus
road under the jurisdiction of Zero Mile O.P. On this information,
a raid was conducted and it was found that 3-4 persons were trying
to commit theft of ethanol by taking out from the tanker bearing
Reg. No.UP53T8533 and a silver colour Maruti Suzuki Omni four-
wheeler having Reg. No. BR09T7340 was standing near the
tanker. On seeing the police party, all the persons were trying to
flee away but with the help of other police officials one person was
apprehended who disclosed his name as Amit Kumar, he was a
driver of the said tanker but others managed to escape and fled
away.
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
7. It is submitted that the investigating officer has
recorded the statement of the witnesses and all the witnesses have
supported the prosecution case. It has been found that the lid of the
upper chamber was open despite the digital lock was intact and a
Maruti Suzuki Omni four-wheeler was kept parking beside there.
The said place was three kilometer away from the destination
place and from the seizure list, it may be found that from the said
Omni four-wheeler, 15 empty Jarkin along with a 2 inch pipe of 15
feet in length was also found and the apprehended person has
disclosed that for commitment of theft, the tanker with ethanol was
standing there. The tanker was built in such a way that despite
there being a digital lock the lid of the upper chamber can be
opened, which goes to show that there is involvement of tanker
owner and also shows that despite being a digital lock there is
another way created by the persons who are involved in such type
of theft of ethanol from the tanker.
8. The petitioner has contested the statements of
respondent no.4 by filing a rejoinder. The respondent no.4 has also
filed a supplementary counter affidavit.
9. Be that as it may, in course of hearing of the writ
application, learned counsel for the State submitted that without
prejudice to the contentions of the State, the State would have no
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
objection if the tanker with loaded ethanol be released provided
the Court is assured by the petitioner that the loaded ethanol will
be delivered to the Indian Oil Corporation, Barauni Refinery for
which the consignment was meant. Learned counsel for the State
has further submitted that while releasing the tanker in question in
favour of the petitioner, appropriate order be passed directing the
learned court below to get prepared a panchanama of the seized
vehicle in presence of two witnesses, photograph of the vehicle in
present condition be obtained, the panchnama and photograph be
kept on the trial court records for use in course of trial and the
petitioner must submit an undertaking that it would not question
the identity of the tanker and the panchnama so prepared at this
stage, in course of trial. It is also submitted that after getting
release of the tanker, the petitioner would not modify the physical
features of the tanker in any form during the trial.
10. Mr. Satyabir Bharti, learned senior counsel for the
petitioner took a stand that the petitioner would be ready to submit
an undertaking to the effect called upon by learned counsel for the
State and then the loaded ethanol shall be delivered to the Indian
Oil Corporation, Barauni Refinery immediately after release.
11. In view of what transpired in course of hearing, this
Court adjourned the matter on 12.09.2025 to enable learned
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
counsel for the petitioner and the State (SC-7) to request Mr. Ankit
Katriar, learned Advocate who is representing Indian Oil
Corporation, Barauni Refinery in this Court to be present with
instruction as to whether Indian Oil Corporation, Barauni Refinery
would receive the ethanol loaded on the tanker in question.
12. Today, Mr. Ankit Katriar, learned counsel for the
Indian Oil Corporation, Barauni Refinery has appeared before this
Court and submitted on instruction that Indian Oil Corporation,
Barauni Refinery is ready to take delivery of 25000 liters of
ethanol which is said to be loaded on the tanker. In view of the
said statement, this Court directed that Indian Oil Corporation,
Barauni Refinery be made party respondent no.6 in this case. Mr.
Ankit Katriar, learned counsel accepted the notice on behalf of
newly added Respondent No. 6. This Court has already recorded
his statement hereinabove.
13. Having regard to the pleadings available on the
record and the submissions made by learned counsel for the
parties, this Court directs release of the tanker bearing registration
no. UP53T8533 with loaded ethanol in favour of the petitioner
immediately. The petitioner shall deliver the loaded ethanol to the
Indian Oil Corporation, Barauni Refinery.
Patna High Court CWJC No.9473 of 2025 dt.15-09-2025
14. Before release of the vehicle with loaded ethanol, the
following requirements shall be fulfilled:-
(i) A panchnama of the vehicle with loaded ethanol shall
be prepared in presence of the two independent witnesses.
(ii) The photograph of the vehicle shall be taken in
presence of the petitioner or its authorized representative.
(iii) The petitioner shall submit an appropriate
undertaking to the satisfaction of the learned jurisdictional court
that it would not question the identity of the vehicle and the
correctness of the panchnama and the photographs in course of
trial while exhibiting those documents by the prosecution, if so
advised.
15. In terms of the order aforesaid, this writ application
is allowed.
(Rajeev Ranjan Prasad, J)
(Sourendra Pandey, J)
lekhi/arvind/-
AFR/NAFR
CAV DATE
Uploading Date 18.09.2025
Transmission Date
