Smuggling of Poppy Seed by way of Bogus E – Way Bill: Calcutta HC directs to release Tea Consignment [Read Order]

The Calcutta High Court directed to release of the tea consignment in the case of Smuggling of Poppy Seed by way of the Consolidated E – Way Bill.

Madalyns Tea Enterprise, the petitioner has filed the present writ application praying for a direction from the respondent authorities for the release of the detained goods of Invoice No. MTE/300/2223 dated 06.01.2023 in favour of the petitioner.

Mr. Vinay Shraff, Advocate representing the petitioner submitted that the petitioner booked a consignment of 97 kgs of Tea valued at Rs. 2,94,650 through transporter Bajaj Parivahan Pvt. Ltd. to be delivered to M.K. Brothers at Ghaziabad.

The transporter generated E-way Bill dated 17th January 2023 along with a consolidated e-way bill generated by the transporter as the vehicle was carrying goods of several other consignors along with the goods of the petitioner. On 18th January 2023 respondent no. 3 detained the goods and vehicle. 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 goods found in the vehicle.

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 knew the consignment declared to be Ramdana seeds were loaded in the vehicle

The preliminary investigation points to the fact 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 supplier is nonexistent. 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.

Counsel for respondent no. 4 further submitted that the consignment has been seized by the State authority and, as such, the State authorities have to take appropriate steps about the poppy seeds.

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 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 observed that “no purpose would be served by keeping the writ petition pending. Accordingly, the writ petition is disposed of by directing the respondent no. 3 to take appropriate steps for release the tea consignment in favour of the petitioner by law if there does not impede releasing 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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