The Calcutta High Court consisting of Justice Krishna Rao has directed the State Authorities to carry out investigation with regard to the poppy seeds and it is found with regard to illegal transportation of the poppy seeds, the authorities are free to take appropriate steps in accordance with law.
BACKGROUND
The petitioner booked three consignments of tea being consignment nos. SLG 404717, SLG 404716 and SLG 404718 through the transporter Bajaj Parivahan Pvt. Ltd. to be delivered to M/s. Haryana Chai Bhandar. The consignment was being transported with an E-way bill along with a consolidated e-way bill generated by the transporter.
The respondent detained the goods and vehicle. The petitioner requested to release his goods. The petitioner was informed that the respondent had requested to hand over all goods and documents regarding the vehicle and the cargo found in the vehicle.
The petitioner has filed the writ application. The Directorate of Revenue Intelligence had filed affidavit-in-opposition wherein it is stated that during enquiry it was ascertained from the transporter that the poppy seeds were booked in the name of Ramdana seeds by a person of Nepal under invoice and E-way Bill of the firm named M/s. Jiyarul Trading of Deshbandhupara.
The goods were delivered to their godown for onward delivery at Delhi. In the statement the authorized signatory informed that they were completely unaware of the fact that the poppy seeds were being sent in the name of Ramdana seeds and none of the consignors of tea were aware of the fact that the consignment declared to be Ramdana seeds were loaded in the vehicle.
The preliminary investigation points to the facts that poppy seeds have been smuggled from Nepal and a bogus invoice declaring the goods as Ramdana has been used to show the goods as bona fide. The Bureau of Investigation authorities have intimated that the supplies have been found to be non-existent. The tea is perishable in nature and no involvement of the supplier of the tea with the smuggled poppy seeds have been ascertained and the Directorate of Revenue Intelligence has no objection, if the consignment of the petitioner is released.
RULING
The Court found that no purpose would be served by keeping the writ petition pending. Accordingly, the writ petition is disposed of by directing the respondent no. 3 to take appropriate steps for release of the tea consignment in favour of the petitioner in accordance with law if there is no impediment for release tea consignment within a period of one week from the date of receipt of the copy of the order subject to furnishing an undertaking before the authority, as and when, if required, the petitioner will appear before the authority for enquiry/investigation.
Case Title: Radha Tea Merchant versus Senior Joint Commissioner
Case No.: WPA 731 of 2023