HC orders inquiry into state excise officials for seizing Ethanol consignment
MUMBAI: The Bombay high court on Tuesday directed the state government to enquire into the high-handed action of state excise department officials seizing Ethanol stock, which was cleared from the Jawaharlal Nehru Port Trust (JNPT) under high court orders.
A division bench of justice Girish Kulkarni and justice Jitendra Jain was irked by the ‘high-handed’ and illegal action, especially as the court, in December 2021, held that Ethanol does not fall within the purview of the Bombay Prohibition Act, and therefore the state excise authorities cannot exercise any jurisdiction over the product.
The consignment comprising around 28,000 liters of Ethanol was cleared from JNPT following court orders and was intercepted by the state excise officials on December 11 when it was being transported out of the port.
The excise officials not only seized the goods but also took photographs with the consignment and issued a press release claiming that they had seized an “illicit” stock of Ethanol being portrayed as a laboratory chemical.
The judges concluded that there could be no reason for the excise officials to seize the Ethanol stock of the company, except perhaps to cater to the private interest of third parties – competitors of K Raj and Company which owned the Ethanol stock.
“We cannot countenance the officers of the Excise Department acting in such an illegal and highhanded manner. There are rules and regulations of seizure, they cannot be party to any vilification campaign to damage the business standing and reputation of the traders,” said the bench.
“When it was clear that the goods in question were not prohibited goods and were being dealt with by the petitioners lawfully, the Excise Officials disregarding all canons of law, could not have painted the petitioners as criminals,” the bench added.
The court has now directed an additional chief secretary to enquire into the entire episode and take appropriate civil and criminal action against the erring state excise officials involved in the seizure of Ethanol belonging to K Raj and Company.
The bench opined that “any highhanded and illegal approach on the part of such officials, infringing the fundamental rights of the citizens is required to be inquired and taken to the logical conclusion by holding an appropriate inquiry as the law would mandate.”
The court has asked the additional chief secretary to complete the inquiry in three weeks and submit the report to the court on January 9 when the matter will be taken up for further hearing.
The court also directed the excise department to release the seized Ethanol immediately.
