Southern Union Pharmaceuticals vs State Of Kerala on 17 November, 2009

0
106
Kerala High Court
Southern Union Pharmaceuticals vs State Of Kerala on 17 November, 2009
       

  

  

 
 
  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

~~~~~~~~~~~~~

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
2

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
ps

LEAVE A REPLY

Please enter your comment!
Please enter your name here

* Copy This Password *

* Type Or Paste Password Here *