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RUMI KUMARI PHUKAN
State of Assam – Appellant
Versus
Anil Kumar Agarwalla – Respondent
JUDGMENT :
RUMI KUMARI PHUKAN, J.
1. Heard Mr. D. Gogoi, learned Standing Counsel, Excise Department, Govt. of Assam, representing the petitioners. Also heard Mr. P.J. Saikia, learned counsel appearing for the respondents.
2. By filing this application under Sec. 482 of the Cr.P.C. read with Article 227 of the Constitution of India, the State of Assam, as petitioner no. 1 and one of its officer as petitioner no. 2 have sought for quashing and setting aside the order dated 17/7/2021, passed by the learned Sessions Judge, Dibrugarh in Crl. Revision No. 15(3)/2021, whereby the custody/zimma of the seized vehicle as well as the consignment of 1000 cases of rum/whiskey have been granted de hors the provisions of the Assam Excise Act, 2000.
3. The case of the parties, in brief is that, on 11/6/2021, at about 6:30 A.M., the Dibrugarh Excise team led by the Deputy Superintendent of Excise, intercepted a truck bearing Registration No. AS-06-AC-8975, based on sourced information, near Jamira in Dibrugarh District. The truck was carrying 1000 cases of IMFL from M/s. Angels Share Enterprises, Likabali, Arunachal Pradesh, to M/s. New World Wine, Longding, Arunachal Pradesh, as per the documents rel
The court emphasized the need for caution in exercising inherent powers under Section 482 of the CrPC and highlighted the importance of scrutinizing evidence before drawing conclusions.
Point of Law : Excise Department of Assam may decide whether transporting wine from the State of Arunachal Pradesh to another destination of Arunachal Pradesh via Assam with or without letter/ permit....
Ownership determination of seized property must await trial completion, and zimma petitions cannot be granted without conclusive evidence of ownership.
The court ruled that ownership of the liquor and its non-adulteration justified the release of seized goods despite route deviation under the Odisha Excise Act, 2008.
The courts lack jurisdiction to grant interim custody of a seized vehicle if confiscation proceedings have been initiated by the Collector under the M. P. Excise Act.
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
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