IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32532 of 2006 RAM PRASAD SINGH, son of Surju Singh, resident of village; Badi Murhari, P.S. Harnaut, District: Nalanda. ……………… Petitioner Versus 1. STATE OF BIHAR 2. Vijay Kumar, Excise Sub-Inspector, Sadar Souhern Anchal-cum- Task Force, Biharsharif, Nalanda. ………………. Opposite parties. ----------- 10 23.04.2009 Raid was carried out at the petitioner’s house on 5.8.2005 by the Excise authorities with support of the police on 5.8.2005. During raid, the excise authorities found 325 bottles of alcohols which was alleged to be Ayurvedic product of one Yogi Baba Anusandhan Bhawan , Chapra. Seizure list was prepared and a copy of that was pasted on the door of the house since the petitioner had absconded from the place and was not available. On the basis of seizure list and the verification of the seized liquor the case was instituted under Section 47(a) of the Excise Act in the Court of Chief Judicial Magistrate, Nalanda at Biharsharif. Contention of the counsel for the petitioner is that he is an authorized agent of Yogi Baba Anusandhan Bhawan and he was entitled 2 to sale the Ayurvedic medicine may be having alcohol contents and there was no illegality in the same not only this he also further submits that no licence as such was initially required but now the law has changed and in that view of the matter, he had made an application for grant of licence but the same was pending before the excise authorities. Even otherwise the petitioner had only stored the seized materials and was not indulging in sale or otherwise, awaiting grant of licence. In that view of the matter, he was entitled to release of the said goods since it was kind of perishable goods. An application was filed for release of the aforesaid goods before the Court of Chief Judicial Magistrate, Nalanda at Biharsharif and the same was rejected and so was the revisional application dated 28.4.2006 filed by the petitioner which is Criminal Revision No. 95 of 2006. The present application has come to be filed thereafter challenging the two orders. Learned A.P.P. for the State was directed to file a counter affidavit in the matter and state the legal position on the issue. He has filed a detailed counter 3 affidavit and has stated that even in the complaint which has been filed by the excise authorities it is apparent that the petitioner was dealing with a product which was akin to country liquor and the so called sale of product of ayurvedic medicine was only a disguise. It is further stated that similar illegal activities on large scale had drawn the attention of the State of Bihar and it came to their notice that under the garb of preparation ayurvedic medicine under the medicinal and alcoholic preparation (Excise Duty Act) alcohol was being sold. In this regard, the Government of Bihar in exercise of power under the Bihar Excise Act had brought about certain amendment way back in the year, 1998 itself. It laid down guidelines and possession of licence from the District Magistrate was made mandatory. The validity of the said amendment under Section 93-A was challenged before the High Court and the matter finally travelled to the Hon’ble Supreme Court which certified the validity of the said amendment and in view of the above a duty is cast on all such persons in dealing with preparation having alcoholic 4 content even for medicinal purpose, which would be evident from Annexure-A to D brought on record along with the counter affidavit. In the complaint itself it has been stated that the alcoholic contents of the so called preparation is at par with the country liquor. In other words, it was not out and out Aryurvedic medicine as has been claimed by the petitioner in the present petition. Even otherwise the seizure was effected for the breach of the Excise Act, specially Section 93(A) and that too in the year, 2005. Any direction for release of this product in favour of the petitioner would be detrimental to the public interest now in the year, 2009. With the above facts and circumstances, this application is dismissed. Bibhash (Ajay Kumar Tripathi, J.)