ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 06-03-2024 In the instant petition, petitioner has prayed for following relief:-

i) Issuance of writ of mandamus, directing the respondents to forthwith release 335 cases of Foreign Liquor, which has been seized in connection with Muzaffarpur Excise P.S. Case No.1777 of 2023 dated 11.09.2023, instituted under Section 30(a), 32(2) and 48 of the Bihar Prohibition and Excise Act, 2016, which was being lawfully transported on the strength of valid statutory documents/permits issued by the Excise Authorities of Sikkim and Maharashtra;

ii) To restrain the respondents from initiating any proceeding for confiscation of the aforesaid consignment of beer, seized in connection with Muzaffarpur Excise P.S. Case No.1777 of 2023 dated 11.09.2023, as the consignment was lawfully transported;

iii) To pass such other order(s), direction(s) as your Lordships may deem fit and proper in the facts and circumstances of the case.

2. The petitioner is stated to have been engaged in transportation services. In this regard, he had stated to have hired vehicles from various parties to transport goods. The petitioner was in the custodian of liquor and it being transported in the Vehicle No. JH10CR7100 from Maharashtra to Sikkim. The driver of the truck is stated to have loaded 136 tower fans without the knowledge of the transporter/petitioner who is the owner of the vehicle No. JH10CR7100. Policy of the State of Bihar is in respect of certain Digital locking system in transportation of any liquor in the State of Bihar territorial jurisdiction. Such Digital locking system was installed by the competent authority in the excise department / police department at the entry point of State of Bihar. It has to be de-locked/de-sealed at other end of the State of Bihar territorial jurisdiction whereas in Muzaffarpur the driver of the motor vehicle is stated to have tampered the Digital locking system in the guise of removal of tower fans. Excise Department, State of Bihar intercepted the vehicle and found that locking system was tampered and resulted in registration of Excise P.S. Case No. 1777/2023 dated 11.09.2023 for the offences registered under Section 30 (a), 32(2) and 48 of the Bihar Prohibition and Excise Act, 2016. Hence, the aforementioned prayer.

3. Learned counsel for the petitioner vehemently contended that there is no tamper of lock system adopted by the State of Bihar. The driver of the motor vehicle was removing the tower fans without disturbing the locking system and it is disputed by learned State counsel to the extent that locking system was tampered by the driver therefore, it is alleged that transportation of Johny Walker Whisky totaling 335 cases was to be removed in certain quantity in Muzaffarpur or not is the matter of investigation and other enquiry like confiscation proceedings.

4. Heard learned counsel for the respective parties.

5. Question of releasing of subject matter of liquor in favour of the petitioner is not warranted at this juncture for the reasons that while liquor was in transit from Maharashtra to Sikkim it has entered into the Bihar territorial jurisdiction, though, there is a system of Digital locking and it has been tampered. In the result, case has been registered for the offences under the Excise Act. There are certain disputed issues to the extent that learned counsel for the petitioner submitted on instruction that there is no tampering of locking system. On the other hand, State counsel on instruction submitted that lock was tampered. Therefore, one cannot draw inference to the extent that driver of the motor vehicle was removing only tower fans. Even for removal of tower fans in the territorial jurisdiction of Bihar, in that event, certain permission should have been sought from the concerned department like Excise /Police Department, since vehicle was carrying liquor from Maharashtra to Sikkim. No such permission has been sought, on the other hand, suo m