ABHISHEK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the revisional order dtd. 20/4/2022 passed by the learned Sessions Judge, Godda in Cr.Revision No.14 of 2022 whereby learned Sessions Judge, Godda, has refused to release the wine seized in connection with Godda (T) P.S.Case No.403 of 2021 and has affirmed the order dtd. 29/3/2022 passed by the learned Chief Judicial Magistrate, Godda, pending in the court of learned Chief Judicial Magistrate, Godda.

(2.) On the basis of Fardbeyan of Mr. Manoj Kumar, Excise Sub-Inspector, Godda, the aforesaid case has been registered stating therein that on 27/12/2021 at about 09.00 P.M he along with the police party conducted raid and container bearing Registration No.UK-06CB-6517 was stopped and a search was made. In course of search, Star Blue Deluxe Whisky 750 ml of 250 cartoons, 375 ml. of 500 cartoons and 180 ml of 250 cartoons total 1000 cartoons found. In course of search documents of M/s Majestic Bonded Warehouse, Bandardeva, Arunachal Pradesh No.FL/ UB/ 2021 -2022/000003118P dtd. 16/11/2021 sent to M/s Binayak Distribution Private Limited 12-A Maharajpur Industrial Area, Behind Road, Gwalior, Madhya Pradesh, document regarding transportation of the alleged seized wine has been produced which shows that the transportation of alleged wine found to be suspected and it is alleged that seized wine is to be sold to smuggler/mafia. It further transpires from the record that a letter no.303 dtd. 28/12/2021 has been issued to Officer In-charge, Godda (T) Police Station, wherein it is alleged that the said container also violated the route of permit and the said container was caught near Godda (T) which scheduled route chart is as follows:- Gwalior (M.P.)-Daltonganj- Ranchi- Dhanbad- Asansol (W.B.) but the said container was found in Godda (T) which is about 180 KM far from the permit route. It is also alleged that according to letter of Excise Commissioner, Jharkhand, Ranchi, letter No.1954 dtd. 28/10/2021 it is necessary to furnish earlier information in the Head Office of the Excise, Ranchi with regard to any movement of wine/liquor for transportation for Madhya Pradesh, Uttar Pradesh, Himachal Pradesh, Haryana and Arunachal Pradesh, but said early information has not been given in Excise Head Office Ranchi. It is also alleged that the accused persons were intended to unload the said liquor at Godda for further smuggling of the said liquor. Hence this case.

(3.) Mr. Mahesh Tewari, the learned counsel appearing for the petitioner submitted that the petitioner is completely innocent and the petitioner is constituted special power of attorney holder of Miss Jomen Eshi and Mrs. Marpe Yonggam, proprietor of Joint venture under the name and style of M/s Majestic Bonded Warehouse Krsingsa, District Papumpare, Arunachal Pradesh. He further submitted that when the present case was instituted on 28/12/2021 and the transportation of liquor from its destination to Arunachal Pradesh till 31/12/2021 was exhausting. The wine was to be transported by Diamond Logistics Trader to the Consignee address vide truck bearing registration no.UK-06CB-6517 dtd. 24/12/2021 with all relevant documents for transportation of the liquor from destination to Arunachal Pradesh till 31/12/2021. The learned Chief Judicial Magistrate, Godda has rejected the petition filed for release of wine vide order dtd. 29/3/2022. He submitted that the licence of the siezed wine was being carried by container was found to be genuine on verification. He submitted that the same has been observed by the learned Chief Judicial Magistrate, Godda. He submitted that the permit for exporting of foreign liquor by Madhya Pradesh Excise in favour of Binayak Distilleries Pvt. Ltd., Gwalior to be exported to the warehouse situated at M/s Majestic Bonded Warehouse Banderdown, Arunachal Pradesh effective and valid upto 31/12/2021. He submitted that since the route was violated that is why the learned Sessions Judge has rejected the revision petition considering that 180 KM far from the permit route the vehicle was seized. The learned Sessions Judge has also taken into consideration letter dtd. 28/10/2021 of the Excise Commissioner (Jharkhand) which speaks that it is necessary to furnish earlier information in the Head Office of Excise, Ranchi with regard to any movement of wine/liquor for transportation Madhya Pradesh, Uttar Pradesh, Himachal Pradesh, Haryana and Arunachal Pradesh but that was not provided. The consignment was required to be reached to the destination till 31/12/2021. By letter dtd. 1/4/2022 a request has been made for extension of excise permit for one month for delivery of seized liquor to its destination place. On these grounds, he submitted that this Court may direct for release of the wine in question.