JUDGMENT :

JYOTI SARAN, J.

The petitioner prays for issuance of a writ in the nature of mandamus directing the respondent authorities in the Registration, Excise and Prohibition Department of the Government of Bihar (hereinafter referred to as the ‘Excise Department’) to forthwith release the truck bearing Registration No.BR 01 GD 5138 along with 500 cases of Tuborg Supreme Strong Premium Beer packed in bottles of 650 ml/500 ml, owned and manufactured by M/s Carlsberg India Private Limited seized by the Station House Officer, Chandramandi Police Station in the district of Jamui and retained in custody by the ‘Excise Department’ of the Government of Bihar in connection with Chandramandi P.S. Case No.93 of 2018 registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’).

2. The petitioner also prays for an appropriate direction restraining the statutory authorities under ‘the Act’ from initiating any proceeding for confiscation or destruction of the consignment in question which, according to the petitioner, was being lawfully transported from the licenced Warehouse at Ranchi to the Jharkhand State Beverages Corporation Warehouse at Deoghar.

3. Facts of the case lie in a very narrow compass and as placed on record by Mr. Satyabir Bharti, learned counsel appearing for the petitioner, the petitioner is a Transporter and has a valid permit for providing transportation service to its client throughout the territory of this country.

4. It is submitted that it is under one such arrangement that the petitioner undertook to transport 250 cases of Tuborg Supreme Strong Premium Beer packed in bottles of 650 ml each and 250 cases of Tuborg Supreme Strong Premium Beer packed in bottles of 500 ml each through its vehicle bearing Registration No. BR 01 GD 5138 from 19C Warehouse of M/s Carlsberg India Private Limited situated at Tupudana, Namkum Road, Ranchi to the Warehouse of the Jharkhand State Beverages Corporation Limited, Deoghar on the strength of statutory excise permits/pass and transport documents.

5. It is the grievance of the petitioner as espoused through by Mr. Bharti that it is during this course of transportation of the consignment that the driver of the vehicle mistakenly entered into the jurisdiction of the State of Bihar barely few kilometers of its destination when it was seized by the Respondent no.5, Station House Officer, Chandramandi Police Station, Jamui along with assisting Constables, inter alia, on the allegation that the goods in question were being transported in violation of the provisions of section 30(a) of ‘the Act’, and an FIR was instituted.

6. According to Mr. Bharti, despite all explanation given by the driver of the vehicle and despite production of the documents, the respondent no.5 and his Constables were not willing to relent and allow the truck to return to its course to reach its destination at Deoghar rather they caused seizure of the truck and took the driver into custody after registering Chandramandi P.S. Case No.93 of 2018 for alleged violation of the provisions of section 30(a) of ‘the Act’.

7. Mr. Bharti has placed on record the GPS Data vide Annexure 4 to the supplementary affidavit to demonstrate the movement of the truck which all along travelled within the territory of the State of Jharkhand but barely few kilometers of its destination at Deoghar that it crossed over to the territory of the State of Bihar in the district of Jamui when the police officials intercepted the truck, took it into custody and registered a police case.

8. Learned counsel appearing for the petitioner in reference to Annexure 2 series to the writ petition submits that the Dispatch Note is dated 24.12.2018 and confirms the name of the driver, the date of dispatch, the validity of the dispatch note, the details of the goods, the truck number as well as its destination at Deoghar depot. He submits that this dispatch note is issued under the aut