Bogus E-Way Bill: Calcutta HC directs to release Tea Consignment [Read Order]

The Calcutta High Court in a bogus case of E -Way Bill directed to release of the Tea consignment since it was not connected with the smuggled poppy seeds.

Jodhraj Mohanlal, the petitioner has filed the present writ application praying for a direction upon the respondent authorities for the release of the detained goods of the value of Rs. 74,586/- vide Invoice No. JMS/090/2223 dated 12.1.2023 to the petitioner.

Mr. Vinay Shraff, Advocate representing the petitioner submitted that the petitioner had booked a consignment of 20 kg Soongachi tea value of Rs. 74,586/- through the transporter Bajaj Parivahan Pvt. Ltd. to be delivered to Sikkim Tea Agency at Delhi.

The transporter generated an E-way bill along with a consolidated E-way bill generated by the transporter and the vehicle was carrying goods of several other consignors along with the goods of the petitioner. The respondent no. 3 detained the goods and vehicle. The petitioner had requested respondent no. 1 to release his goods and on 2nd March 2023, the petitioner received a memo from respondent no. 2 and informed that respondent no. 4 had requested to hand over all goods and documents regarding the vehicle and the cargo found in the vehicle.

It was stated that during the 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, Falakata, District- Alipurduar. The goods were delivered to their godown for onward delivery at Delhi.

It was further mentioned in the affidavit that the tea is perishable in nature and no involvement of the supplier of the tea with the smuggled poppy seeds has been ascertained and the Directorate of Revenue Intelligence has no objection, if the consignment of the petitioner is released. 

It was evident that during the investigation it has not been ascertained as to whether poppy seeds are the smuggled items or not. The vehicle is carrying the tea consignment which is perishable in nature and, as such, they have no objection to the release of the vehicle and the tea consignment. 

Mr. Ghosh, Advocate appearing for the State Authorities submitted that as poppy seeds have been found in the vehicle and further investigation is to be carried out about the ownership of the poppy seeds and, as such, if the tea is released in favour of the petitioner, the authorities may be given liberty to take appropriate steps for further investigation to ascertain about the poppy seeds. 

Justice Krishna Rao directed the respondent no. 3 to take appropriate steps for the release of the tea consignment in favour of the petitioner by law if there does no impedereleasing the 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. 

To Read the full text of the Order CLICK HERE

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