Allowed

Praveen Sharma v. The State Of Bihar and Ors.

Patna HC18 Apr 2019CWJC/24139/2018

Case brief

AI extract

What is this about?

Petitioner-prisoner sought release of non-liquor goods (Dabur products) seized from a truck along with illicit liquor. Court directed release of specified goods within one week as items fall outside prohibitory jurisdiction.

What did the court decide?

Directed the designated court to release the specified seized goods (Dabur products and toilet cleaner) within one week of receipt of the judgment copy.

Praveen Sharma Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24139 of 2018

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======================================================

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Praveen Sharma S/o Shiv Bachan Sharma R/o- 791 E.W.S. Barra-2, Kanpur Nagar, P.S.- Nagar, District- Kanpur (Uttar Pradesh)

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Bihar, Patna

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The Excise Commissioner, Bihar Prohibition and Excise Act 2016

The Excise Officer, Bihar Prohibition and Excise Act 2016

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The District Magistrate, Arwal, Bihar

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The Superintendent of Police, District- Arwal, Bihar

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The Officer-In-Charge of Mehandia Police Station, District- Arwal

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajiva Ranjan, Adv. For the Respondent/s : Mr.Vikash Kumar, S.C.11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 18-04-2019

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Mr. Rajiv Ranjan, learned counsel for the petitioner seeks leave to correct the name of the Company as occurring in paragraph 1 as well as in other places of the writ petition to read as 'Dabur India Limited' in place of ' Dower India Limited' as mentioned in the writ petition. He is permitted to do so in course of the day. Learned counsel also seeks permission to correct the details of combi packers to read as 'Sani Fresh Ultra Shine Toilet cleaner 12 combi Packers X IL of 460 cartons of Dabur India

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Patna High Court CWJC No.24139 of 2018 dt.18-04-2019 2/4

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Limited' in place of 'Sunny Fresh Ultra Shine Toilet cleaner 12 combi Packers x I2 of 460 cartons of Dower India Limited'. Learned counsel is also permitted to correct the term 'cartons' which is incorrectly spelt as 'cartoons', during the course of the day.

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Heard learned counsel for the parties.

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The petitioner is attorney holder of the transporting company i.e the Balaji Transport Corporation having its office and works at Delhi who was entrusted with the responsibility of transportation of certain goods belonging to Dabur India Ltd., Haldiram etc. The goods in question have been seized because the truck through which it was being transported from Ambala to Patna was seized for allegedly transporting 4400 litres of India Made Foreign Liquor. Learned counsel for the petitioner submits that the petitioner has no concern with the liquor or with the truck rather he is concerned with the goods which was being transported from Ambala to Patna and in case the driver or any body else has colluded in the matter to transport liquor as well they can be proceeded accordingly but not the petitioner who has no concern with the liquor.

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Mr. Rajiv Ranjan learned counsel for the petitioner submits that the present writ petition is limited to the items

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Patna High Court CWJC No.24139 of 2018 dt.18-04-2019 3/4

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mentioned at Serial No.3(i) which relates to Sani Fresh, toilet cleaner, toilet tubes and other dabur products for which the transport company was hired. Learned counsel refers to the attorney letter at Annexure-1 in so far as locus of the petitioner is concerned as well as the lorry hire and goods challan issued by the transport Company at Annexure-2 together with E-bills at Annexure-2/1 in support of his submission.

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The opposition is coming through Mr. Vikash Kumar, S.C.11 because liquor has been recovered from the truck but the issue in contest here is nowhere relatable to liquor as it is the goods detailed at paragraph 1 of the writ petition, which are subject matter of release and are as follows:

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"(i) Sani Fresh Ultra Shine Toilet Cleaner of 200 Ml. in 205 cartons (ii) Handle with Case A-1 toilet cubes 20 cartons (iii) Sani Fresh Ultra Shine Toilet cleaner 12 combi Packers X1L of 460 cartons of Dabur India Limited."

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Certainly, these items do not come within the prohibitory jurisdiction of the Bihar Prohibition and Excise Act, 2016 for it has nothing to do with liquor nor any of these items are capable of being used as substitute thereof.

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In our opinion the goods should have been returned to the proprietor or the owner in normal course rather than

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Patna High Court CWJC No.24139 of 2018 dt.18-04-2019 4/4

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forcing an unnecessary litigation.

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Mr. Rajiv Ranjan informs that confiscation has not yet been initiated.

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In such view of the matter we would direct the designated Court below to release the goods in question as mentioned in the seizure list in question within one week of receipt/production of a copy of this judgment which should also accompany the documents supporting the transportation of the goods in question.

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The writ petition is allowed with the direction

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above

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(Jyoti Saran, J)

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( Anjani Kumar Sharan, J)

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Bibhash

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AFR/NAFR
CAV DATE	NA
Uploading Date	27.04.2019
Transmission Date	NA

Praveen Sharma v. The State Of Bihar and Ors.

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Praveen Sharma v. The State Of Bihar and Ors.

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