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TMI Blog2024 (2) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... petition assails the seizure of the petitioners goods while they were being transported as cleared from the JNPT, in pursuance of our order dated 4 November 2023 passed on Writ Petition No.12757 of 2023. The seizure at the hands of the respondents has taken place on 11 December 2023 as seen from Exhibit-"A" (page 29) which is the subject matter of challenge before us. 2. Mr. Shah, learned counsel for the petitioners has drawn our attention not only to our order which we have noted above, but also, to the prior order passed by a coordinate Bench of this Court (Nitin Jamdar & Sarang V. Kotwal, JJ.) on Writ Petition No. 2241 of 2021 filed by the petitioners along with other proceedings dated 13 December 2021, passed against the present respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated to be an HUF through its Karta Mr. Hemanshu Rach, having its office at Princess street, Mumbai. The intervention applications are tendered and are taken on record to be registered. Copies of the same are also handed over to the advocate for the petitioners. 5. The contentions on behalf of the intervenors as urged before us, in supporting the seizure is shocking to say the least, namely that the imports of the ethanol by the petitioner is adversely affecting the intervenors business interest, as if to contend that, the seizure in question at the hands of the Excise Officers is at the behest of such persons. 6. We are surprised at such approach of the intervenors as also the nature of the intervention application which is received in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioners and recording of one arrest in such case. 9. Now coming to the instructions as received by Ms. Vyas, we would proceed to record the same. On instructions of Mr. Prasad Surve, Divisional Dy. Commissioner, State Excise, Konkan Division, Thane, who is present in the Court Ms. Vyas states that the State Excise Department does not intend to continue with the seizure of the goods, and that the vehicle as apprehended and the goods of the petitioners seized on 11 December 2023 would be forthwith released. We accept such statement as made by Ms. Vyas. We accordingly direct, that the goods (Ethanol) belonging to the petitioners as seized by the respondents alongwith the vehicle shall forthwith be released to the petitioners. 10. However, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forced. 16. The Additional Chief Secretary, would also look into the insinuations as recorded in the newspaper reports and the intricate details and the allegation they contain against the petitioners, merely because the petitioners were dealing with the goods in question, that too as permitted under the orders of this Court. This more particularly as observed by this Court that the petitioner is dealing in such goods since last 50 years. 17. We cannot countenance the officers of the Excise Department acting in such illegal and highhanded manner. There are rules and regulations pertaining to seizure, they cannot be a party to any vilification campaign and to damage the business standing and reputation of the traders, in the manner in whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material in regard to the involvement of the concerned officials, the Additional Chief Secretary shall issue necessary orders to initiate such appropriate actions, civil and criminal, against the concerned officials as the law may mandate. 21. Let the inquiry to be held by the Additional Chief Secretary be completed within a period of three weeks from today and the report of the inquiry be placed before this Court on the adjourned date of hearing. 22. Needless to observe that at the interim stage of the inquiry, in the event, there is a prima facie material to proceed against any of the concerned officials departmentally, the Additional Chief Secretary may move the State Government to pass appropriate orders, even to suspend such official ..... X X X X Extracts X X X X X X X X Extracts X X X X
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