MUNINDAR TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shekhar Singh, learned counsel appearing for the petitioner and Mr. Vikash Kumar, learned Standing Counsel No.11 for the State.

(2.) The petitioner is the proprietor of a transport carrier and owner of the Tanker which was being used for transportation of 20,000 litres of denatured anhydrous ethanol under valid permit from Harinagar Sugar Mill Limited, Distillery Division in the district of West Champran to the Indian Oil Corporation Limited, Sipara in the district of Patna. It is because the driver of the said tanker was found involved in acts which were allegedly contrary to the provisions of the Bihar Prohibition and Excise Act, 2016 that the tanker was seized and an excise case was registered against the accused persons. In so far as the transportation of ethanol is concerned, there is no dispute as regarding its lawful transportation from the Distillery Division of M/s Harinagar Sugar Mill to the Indian Oil Corporation Limited, Sipara in the district of Patna.

(3.) According to Mr. Vikash Kumar, learned Standing Counsel No.11, the default was on the part of the driver of the tanker in so far as the issue of ethanol is concerned.