JUDGMENT :

MADHURESH PRASAD, J.

1. The writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for quashing of Memo No. 01 of 2021 dated 06.06.2021, prepared by the Inspector (Prevention)-cum-Seizure Officer, Land Customs Station at Raxaul, in the district of East Champaran (Respondent No. 3). By the said Memo, trailer TATA LPS 3518 has been seized along with container, which was loaded on it.

2. The brief facts are that the Inspector (Prevention), Land Customs Station, Raxaul had received information on 05.06.2021 at about 1800 hours regarding movement of manufactured psychotropic drugs by a trailer, bearing Registration No. NL01AB3612. The trailer was loaded with Customs Transit Declaration (hereinafter referred to as “CTD”) consignment from India to Nepal through Laxmipur, I.C.P. Raxaul road.

3. A preventive team was thus constituted by the Deputy Commissioner, Land Customs Station (LCS), Raxaul. The team rushed towards the said road and found the trailer in question standing by the side of the road in queue with other vehicles at the Indo-Nepal border. A-40 (forty) foot sealed container was loaded on the trailer. There was no one inside the trailer. On inquiries, the preventive team was informed that the Driver was there a short-while ago. The trailer was thus brought inside ICP by taking the help of a driver of another vehicle and search was conducted in presence of the witnesses. A bunch of keys and folder containing some documents of the vehicle like registration certificate etc. were found in the cabin. Two cartons were also found containing bottles of ONEXREX Cough Syrup packed in units of 100 Ml. Bottles. A suspicious looking cavity was found underneath the chassis of the trailer, which was locked. The lock could be opened with one of the keys, which had been found in the cabin. On opening the cavity, more bottles of the same cough syrup was found stacked inside in tray type packets. 1170 bottles of the same syrup were thus recovered and seizure list was prepared.

4. In view of such recovery of psychotropic substance, the competent authority effected seizure of the vehicle in question, alleging violation of Sections 8 and 21 of the NDPS Act, 1985 read with Sections 7, 11, 50 and 51 of the Customs Act. The seizure was in exercise of powers under Section 60(3) of the NDPS Act. The seizure led to institution of a criminal case, bearing NDPS Case No. 52 of 2021.

5. The instant petitioner on 12.07.2021 moved an application for release of the sealed container, which was loaded on the trailer in question. His petition for release of the container has been rejected on 12.07.2021 by the Special Judge, East Champaran, Motihari.

6. Additional Solicitor General Dr. K.N. Singh, Senior Advocate, at the very outset, has raised a preliminary objection regarding maintainability of the writ petition and the locus of the petitioner to claim release of the container in question. Dr. Singh has contended that the petitioner is not the owner of the container or the goods inside the container. The petitioner was merely a transporter who hired the trailer in question from one M/s. Rai Paribahan, Kolkata. The trailer was hired to transport a Rice Mill Machine Set (hereinafter referred to as “the machine” for brevity) purchased from China by one M/s Mamta Traders of Nepal. The rice mill had reached India by ship in the container in question, and unloaded at Kolkata. The container was sealed by the customs authorities. From there it was being transported by road to M/s. Mamta Traders through a specified route corridor passing through the State of Bihar within the territory of India, in terms of the Treaty of Transit between the Government of India and the Government of Nepal.

7. It is submitted that owner of goods in question is one M/s Mamta Traders and owner of the trailer in question is one M/s Rai Paribahan. The petitioner-Company is engaged in the business of providing carriage facilities for carriage of goods