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2024 (2) TMI 32 - BOMBAY HIGH COURTSeizure of goods - Jurisdiction - Ethanol - goods fell under the provisions of the Bombay Prohibition Act or not, so that the State Excise Authorities could exercise any jurisdiction? - HELD THAT:- The concerned Excise officials involved in the seizure in question, appears to have not acted bonafide and as the law would mandate them to act. Prima facie they appear to have abused the powers vested in them under the Bombay Prohibition Act, in taking such brazen illegal action against the petitioners, contrary to the orders passed by this Court in permitting clearance and trading in the goods by declaring that the goods in question do not fall under the purview of the Bombay Prohibition Act. The petitioners stand maligned in the eyes of the public, apart from damaging of the petitioners’ business interest and the public image the petitioner would wield. Such a situation as brought about by the illegal seizure at the hands of the Excise officers would amount to not only a gross illegality but bring about a situation of absolute lawlessness in exercise of solemn public duties by such officials. Once there were orders passed by this Court and the same were binding, it was not permissible for the State Excise officers that without verification of all materials, they could resort to such drastic actions as assailed by the petitioners, merely for the reason that they have been conferred powers under the Bombay Prohibition Act. When law confers such drastic powers on the officers, it would also cast an onerous duty, for such powers to be exercised with great caution and responsibility, and only in public interest - in the facts of the case there can be no reason for the Excise officials to resort to the impugned actions, except to cater to the private interest of third parties. Any public servant vested with such serious powers as conferred on them in law, cannot be expected to abuse such powers. Thus, when it was a clear case that the goods in question were not prohibited goods and which were being dealt by the petitioners lawfully, the Excise Officials disregarding all canons of law, could not have painted the petitioners as some criminals. The goods shall be released without the department waiting for a copy of this order, as the officer concerned is present before the Court - The substantive prayers in the petition would not require any further adjudication in view of the statement as made on behalf of the respondents in regard to release of the petitioners’ goods. Petition disposed off.
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