IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.904 of 2021

Arising Out of PS. Case No.- Year-0 Thana- District- East Champaran

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M/s. Road Star Logistics Pvt Ltd, a Company registered under the Provisions

of the Companies Act, 1956 having its registered office at 126, Chittaranjan

Avenue, Kolkata (West Bengal) through its Authorized Signatory, Mukesh

Kumar Yadav, Son of Raj Kishor Yadav, Resident of 1st Floor, 126,

Chittranjan Avenue, Md. Ali Park, VTC: Chittranjan Avenue, P.O.-

Chittranjan Avenue, P.S.-Chittranjan Avenue, District- Kolkata (West Bengal).

... ... Petitioner/s

Versus

1.

The Union of India through Director General, Narcotic Control Bureau,

Ministry of Home Affairs, Government of India, New Delhi.

2.

The Deputy Commissioner of Customs, Land Customs Station, Department

of Customs and Excise, Government of India, Raxaul, District- East

Champaran.

3.

The Inspector (Prevention)-cum-Seizure Officer, Land Customs Station,

Department of Customs & Excise, Government of India, Raxaul, District-

East Champaran.

... ... Respondent/s

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Appearance :

For the Petitioner

:

Mr. S.D. Sanjay, Sr. Advocate with

Mr.Mohit Agarwal, Advocate

For the Union of India

:

Dr.K.N.Singh, Sr.Advocate (A.S.G.I) with

M/s Sriram Krishna, Prakritika Sharma,

A.C. to ASGI

For the Customs

:

Mr. Anshuman Singh, Sr.S.C., Customs

For the NCB

:

Mr. Manoj Kumar Singh, C.G.C.

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

CAV JUDGMENT

Date : 31-01-2022

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

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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 I C P 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.

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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