HC slaps Rs2L cost on state for illegal seizure of ethanol tanker
The Patna High Court slammed Bihar police for unlawfully seizing a tanker transporting 40,000 litres of industrial ethanol, imposing a ₹2 lakh fine on the state. The court called it “police high-handedness” and ordered disciplinary action, the tanker’s release, and cost recovery from erring officers, citing violation of constitutional rights and misuse of power under the liquor prohibition law.
Patna: In a scathing indictment of “police high-handedness” under Bihar’s liquor prohibition law, the Patna high court has imposed an exemplary cost of Rs 2 lakh on the state govt for the unlawful seizure of a tanker transporting 40,000 litres of industrial ethanol. The court directed that the amount be recovered from the erring police personnel within six months and also ordered the immediate release of the seized tanker.
The division bench of Justices P B Bajanthri and Alok Kumar Sinha, while allowing a writ petition filed by a Uttar Pradesh-based transport firm, observed, “Such misuse of power has eroded public confidence in law-enforcing agencies in Bihar and has also weakened the rule of law.” The judgment was made public via the high court’s official website on April 25.
Senior counsel Satyabir Bharti, representing the petitioner, informed the court that his client, engaged in the logistics business, owns a tanker bearing registration number UP-15-FT3741. The tanker had been assigned to transport 40,000 litres of ethanol, an industrial-grade alcohol unfit for human consumption, to the Indian Oil depot at Barauni in Begusarai district. The ethanol was intended for blending with petroleum and its transportation is legally sanctioned by the central govt.
On Dec 2 last year, the tanker was loaded at a distillery plant and was on way to Barauni. It was digitally sealed and carried all requisite documentation, fully compliant with instructions issued by the state’s excise department. Despite this, it was intercepted near Phulwariya police station, just 12km from its destination, and seized by local police and excise officers.
Counsel Bharti demonstrated to the court that the seizure was made without any supporting evidence, solely based on the assumption that the ethanol might be diverted for manufacturing liquor, which is prohibited in Bihar. Crucially, there was no indication of tampering with the digital lock.
The bench described the incident as a “classic case of police high-handedness and arbitrary action”, which had infringed upon the constitutional rights of a citizen. It directed that half the cost, Rs 1 lakh, be paid to the petitioner with the remaining amount to be deposited in the Lawyers’ Association Welfare Benevolent Fund at Indian Bank, LNMI branch, Bailey Road, within eight weeks.
The court further ordered disciplinary action against the officials responsible and reiterated that the full cost amount must be recovered from them within six months.
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Source : The Times Of India
