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2023 Supreme(Pat) 319

K. VINOD CHANDRAN, MADHURESH PRASAD
Shyamadhan Traders Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Prabhakar Singh.
For the Respondent: Mr. Vikash Kumar, SC 11.

K. Vinod Chandran, CJ.—The petitioners assert that they are engaged in the trade of Indian Made Foreign Liquor (hereinafter referred to as ‘IMFL’), which was transported by a valid pass through the District of Bihar. The vehicle was seized as per the FIR produced at Annexure-3. The transport pass and the invoice copy were annexed as Annexure-1. Annexure-1 is a transport pass issued in triplicate for transport of IMFL from the manufacturer. Invoice was also issued in favour of the buyer at Coochbehar, while the consignment originated from Howrah, both in West Bengal. The consignment note is produced at Annexure-2 and this consignment has to pass through the State of Bihar, particularly, Kishanganj District. According to the petitioners, when the pick-up van, containing the consignment, was crossing through Kishanganj, the Sub-Inspector of Police, Kishanganj Police Station stopped the vehicle and seized the liquor which was validly transported. Based on the documents produced, it is asserted that there was no sale of liquor within the State of Bihar and the goods in the pick-up van were expected to cross the State of Bihar from Howrah and reach Coochbehar, to which destination the li

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