Ethanol is not covered by the Bombay Prohibition Act – Seizure by Excise officials illegal and perhaps seizure was made to cater to the private interests of third parties.
Judgment dated 19.12.2023 in W.P.No.15875 of 2021 of K. Raj & Company and another Vs. The State of Maharashtra and others
Ethanol does not fall within the purview of Maharashtra Prohibition Act – It was seized after clearance by Customs and outside JNPT – Excise Department has no jurisdiction over the product – Illegal seizure
Consignment of 28,000 litres of Ethanol imported by the petitioner – company was cleared by JNPT on 4th November but seized by the Excise authorities on 11th December while it was transported from the port.
Not only that the imported custom-cleared Ethanol was seized but photographs of seizure were published in the press release.
HELD that the action of the Excise authority was high-handed and illegal. There could not 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. There are rules of seizure, they cannot be party to any vilification campaign to damage the business standing and reputation of the traders. When the Ethanol was not prohibited, the petitioners could not have painted the petitioners as criminals. Enquiry by the Additional Chief Secretary was directed for appropriate civil and criminal action against the concerned officials.
Shockingly intervenors – companies appeared in the matter that import of Ethanol has adversely affected their business and in any way, supported the illegal seizure.
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