IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 32234 of 2009(Y) 1. SOUTHERN UNION PHARMACEUTICALS ... Petitioner Vs 1. STATE OF KERALA ... Respondent 2. THE DEPUTY COMMISSIONER OF EXCISE 3. THE SUB INSPECTOR OF POLICE 4. THE EXCISE INSPECTOR For Petitioner :SRI.S.RAMESH BABU For Respondent : No Appearance The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN Dated :17/11/2009 O R D E R THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------- W.P(C).No.32234 OF 2009 ------------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T
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The petitioner a pharmaceutical manufacturer with due licences
under the Drugs and Cosmetics Act, 1940, Medicinal and Toilet
preparations (Excise Duties) Act, 1955 etc. imported rectified spirit in
terms of permit and NOC granted by excise authorities. The permit
was granted to import 20,000/- bulk litres of absolute alcohol from
Solapur, Maharashtra. The petitioner entrusted an agent for transit
of goods.
2. Even going by the submissions on behalf of the
respondents, the driver and certain other persons connived an
attempt of siphoning 280 litres from the vehicle into eight cisterns.
Under such premise, the 2nd respondent vitiated the proceedings for
confiscation under Section 67B of the Abkari Act.
W.P.(C) No.32234/2009
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3. Taking the aforesaid facts into consideration, it is ordered
that the petitioner would be permitted to move the rectified spirit in
the vehicle to the bonded warehouse of the petitioner and that the
petitioner shall be permitted to utilise the said spirit, in accordance
with law. The rectified spirit will be released on the petitioner
executes a simple bond without sureties to satisfy any demand that
may ultimately raise beyond the petitioner. All issues left open to be
dealt with in the confiscation proceedings.
The Writ Petition is ordered accordingly.
THOTTATHIL B.RADHAKRISHNAN,
Judge
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