No Involvement of Supplier of Tea with Smuggled Poppy Seeds: Calcutta HC Directs Release of Tea Consignment [Read Order]
No Involvement – Supplier – Tea – Smuggled – Poppy – Seeds – Calcutta – HC – Directs – Release – Tea – Consignment – TAXSCAN
No Involvement – Supplier – Tea – Smuggled – Poppy – Seeds – Calcutta – HC – Directs – Release – Tea – Consignment – TAXSCAN
A Single Bench of the Calcutta High Court directed the release of tea consignment on the proof of non- involvement of the supplier of the tea with the smuggled poppy seeds.
The petitioner, Radha Tea Merchant, received a memo and was informed that the Directorate of Revenue Intelligence had requested to hand over all goods and documents regarding the vehicle and the cargo found in the vehicle
The Directorate of Revenue Intelligence had filed affidavit-in-opposition wherein it is stated that during 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. The goods were delivered to their godown for onward delivery at Delhi.
In the statement the authorized signatory informed that they were completely unaware of the fact that the poppy seeds were being sent in the name of Ramdana seeds and none of the consignors of tea were aware of the fact that the consignment declared to be Ramdana seeds were loaded in the vehicle.
In the said affidavit it is further mentioned that preliminary investigation points to the facts that poppy seeds have been smuggled from Nepal and a bogus invoice declaring the goods as Ramdana has been used to show the goods as bona fide. Further, the Bureau of Investigation authorities have intimated that the supplies have been found to be non-existent.
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 have been ascertained and the Directorate of Revenue Intelligence has no objection, if the consignment of the petitioner is released.
A Single Bench comprising Justice Krishna Rao, observed that “The Court finds that no purpose would be served by keeping the writ petition pending. Accordingly, the writ petition is disposed of by directing the respondent to take appropriate steps for release of the tea consignment in favour of the petitioner in accordance with law if there is no impediment for release tea consignment within a period of one week from the date of receipt of the copy of the order.”
To Read the full text of the Order CLICK HERE
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