MAHADEV CARRIER PVT LTD Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, REGISTRATION, EXCISE AND PROHIBITION, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of mandamus directing the respondent authorities in the Registration, Excise and Prohibition Department of the Government of Bihar (hereinafter referred to as the 'Excise Department') to forthwith release the truck bearing Registration No.BR 01 GD 5138 along with 500 cases of Tuborg Supreme Strong Premium Beer packed in bottles of 650 ml/500 ml, owned and manufactured by M/s Carlsberg India Private Limited seized by the Station House Officer, Chandramandi Police Station in the district of Jamui and retained in custody by the 'Excise Department' of the Government of Bihar in connection with Chandramandi P.S. Case No.93 of 2018 registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

(2.) The petitioner also prays for an appropriate direction restraining the statutory authorities under 'the Act' from initiating any proceeding for confiscation or destruction of the consignment in question which, according to the petitioner, was being lawfully transported from the licenced Warehouse at Ranchi to the Jharkhand State Beverages Corporation Warehouse at Deoghar.

(3.) Facts of the case lie in a very narrow compass and as placed on record by Mr. Satyabir Bharti, learned counsel appearing for the petitioner, the petitioner is a Transporter and has a valid permit for providing transportation service to its client throughout the territory of this country.