M/S B.D.Bar and Restaurant and Anr. Vs the Deputy Commissioner and Ors. — Calcutta HC (2026) — LawSathi Research

M/S B.D.Bar and Restaurant and Anr. Vs the Deputy Commissioner and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

WPA/78/2026 disposed of with directions: police authorities to complete the inventory within 72 hours from communication of the order and unseal the petitioner's godown; inventory report to be prepared and submitted before the learned Chief Judicial Magistrate in seisin of the case; CJM to consider any application for release of seized articles in accordance with law within a fortnight of filing; case diary to be returned to the learned Public Prosecutor.

Issue for consideration

Whether the police authorities were empowered to seal the petitioners' godown in connection with the investigation, given the petitioners' contention that under Regulation 70 of the Andaman and Nicobar Islands Excise Regulation 2012 the power vests with the Excise Officer. +1 more

Court's answer

The police authorities are not empowered to seal the godown claimed to be the subject matter of the investigation; the Court found force in the petitioners' submission.

Ratio / Principle

Proceeding on the basis that the petitioner has a right to carry out trade and business, the Court directed the police authorities to complete the inventory within 72 hours from communication of the order and to unseal the godown, with the inventory report to be submitted before the learned Chief Judicial Magistrate in seisin of the case.

Key takeaways

The learned Chief Judicial Magistrate is directed that if the petitioner files an application for release of the seized articles, it be considered in accordance with law within a fortnight of filing, release being a subject matter of the investigation with the CJM in seisin of the case.ratio¶18
The Court restrained itself from commenting on the initiation of the FIR and the genesis of the investigation, noting that the investigation is pending and the learned Chief Judicial Magistrate, North and Middle Andaman is in seisin of the matter at this stage.ratio¶15

Detailed headnote1 paragraphs

Excise — sealing of godown by police — Andaman and Nicobar Islands Excise Regulation 2012, Regulation 70 vests power in the Excise Officer; police authorities not empowered to seal a godown which is the subject matter of investigation — writ petition disposed of: police directed to complete inventory within 72 hours of communication of the order and unseal the godown, inventory report to the learned Chief Judicial Magistrate; release of seized articles left to the learned Chief Judicial Magistrate, North and Middle Andaman, to be considered in accordance with law within a fortnight of an application; Court declined to comment on initiation of FIR (Diglipur Police Station case No.15 dated 10th February, 2026 under Regulation 32 of the Andaman Excise Rules, 1934) or the genesis of the investigation; case diary returned to the learned Public Prosecutor.

1

IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]

WPA/78/2026

M/s B.D. Bar and Restaurant and another Vs.

The Deputy Commissioner and others

Ms. Anjili Nag, Sr. Adv. Ms. K. Bhawani … for the petitioners Mr. Rakesh Kumar … for the respondent nos.1& 4 Mr. Sumit Kumar Karmakar .. for the respondent nos.2 &3

March 12, 2026 [SR] Item No.4

The petitioner is aggrieved by the manner in which the godown of the petitioners who run a bar and restaurant under the name and style M/s B.D.Bar and Restaurant has been sealed by the police authorities.

Learned advocate appearing for the State-respondents submits that on the basis of FIR being Diglipur Police Station case No.15 dated 10^th February, 2026 which was registered under Regulation 32 of the Andaman Excise Rules, 1934, the godown was sealed.

It was pointed out that the genesis of the case was on the basis of the interception of an individual from whom certain recoveries were made and pursuant to his statement and certain transaction of money, the police authorities proceeded to investigate in the case and prima facie found that the petitioner no.1 was involved in carrying business in violation of the aforesaid rules and regulations.

2

There were seizures which were effected in the presence of the government employee and there were also stock in the godown which was sealed for the purpose of investigation of the case.

Learned senior advocate appearing for the petitioners, points out that Regulation 70 of the Andaman and Nicobar Islands Excise Regulation 2012, wherein it states that the power is vested with the Excise Officer.

I have also taken into the Regulation 69. Although the genesis of the FIR is not the subject matter of the present case, but having considering the fact that the police authorities are not empowered to seal the godown which has been claimed to be a subject matter of the investigation, I am of the opinion that there is some force in submission of the petitioner and having regard to the fact that the investigating is pending, the learned Chief Judicial Magistrate, North and Middle Andaman is in seisin of the matter at this stage, I restrain myself to comment on initiation of the FIR and genesis of the investigation.

Having regard to the fact that the petitioner has a right to carry out the trade and business, I direct the police authorities to complete the inventory within a period of 72 hours from the date of communication of this order and unseal the godown of the petitioner. A report with regard to inventory be prepared and submitted before the learned Chief Judicial Magistrate, who is in seisin of the case.

3

So far as the release of the seized articles are concerned, the same is a subject of matter of investigation and the learned Chief Judicial Magistrate is in seisin of the case. I direct the Chief Judicial Magistrate that in case, the petitioner files an application for release of seized articles, the same be considered in accordance with law within a fortnight of filing of such application.

With the aforesaid direction, the WPA/78/2026 is disposed of.

Let the case diary be returned to the learned Public Prosecutor.

All parties shall act on the server copy of this judgment duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J. )