If a Vehicle with Banned Products Passes Through the State, Authorities Have the Power to Seize: Bombay HC

Must Read

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus....

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

Follow us

The Bombay High Court said that if a vehicle is found to be carrying a product whose sale and manufacture is ban passes through the state, although the destination is different, the state authorities here will have the power to confiscate the goods.

The court was hearing a plea filed by a truck owner who was captured and arrested by the state authorities from Malegaon City. As per the factual matrix, the truck was loaded with Gutka and other Tobacco Products whose sale and manufacture was totally banned in the state. The truck started its journey from Gujarat to reach Odisha but was apprehended while it passed through Maharashtra.

The truck owner sought to quash the F.I.R on the ground that the confiscation done by the authorities violates their right to freedom of movement.

The Court noted that despite a total ban on the sale and manufacture of Gutka and other tobacco products in Maharashtra state but still the products are found in the market. The hearing was going on before the bench of Justice Sunil Shukre and Avinash Gharote who said that vehicles carrying the ban products purposely pass through Maharashtra under the name of inter-state transport and offload the products, and due to which ban products are still found in the market.

The court further said,

Though inter-state transport would be permissible, the state authorities would be within their rights, to seize the goods, which are prohibited within the state, so as to ensure that they are not offloaded in the state under the guise of interstate transport, with a view to enforce the prohibition within the state and curb black marketing of such goods.”

The court refused to accept the petitioner’s argument that they were not knowing that the products they were carrying were for sale.

Nothing prevents the transporters to plan a route, which avoids the state where the goods are prohibited. An alternate route, at the most, may increase the cost of transportation but would save them from the clutches of prohibition. Thus, we do not find any illegality in the seizure of the vehicles, carrying the prohibited goods, which was way off the easiest route of transport” the court added.

The court noted,

Obviously, due to the various studies made, the advertisements, the films show the harmful effects of tobacco and tobacco products, it no longer can be said that any person, would now be oblivious as to the harmful effects of tobacco and tobacco products. In spite of knowing about the harmful effects, if a person transports such products, from one place to another, could it be said that such a person, was unaware that the same was not for sale? The answer would be an obvious no.”

The court refused to quash the FIR.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgement from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also contribute blog, articles, story tip, judgment and many more and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus. The petition sought to direct...

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that the petitioners were entitled to...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there is no requirement of passing...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

Plea Challenging the AIBE Rules Framed by BCI Filed in the Supreme Court

A Writ Petition was presently filed in the Supreme Court by a newly enrolled lawyer challenging the All India Bar Examination Rules 2010 which have been framed by the Bar Council of India which mandates that an advocate has to qualify for the All India Bar Examination (AIBE) to practice law after enrollment.

Bombay High Court: Mere Presence at the Crime Scene Not Enough for Punishment

The Bombay High Court ruled that it cannot be considered a crime if a person is merely present at the crime scene which falls under the Maharashtra Prohibition of Obscene Dance in Hotels and Restaurants and Bar Rooms and Protection of Dignity of Women Act 2016. It also quashed two First Information Reports (FIR) against two individuals who were arrested in a raid at a dance bar by the Santacruz Police, in 2017.

CAIT Files a Plea Against WhatsApp’s New Privacy Policy in the Supreme Court

Confederation of All India Traders (CAIT) has filed a petition against WhatsApp’s new privacy rules in the Supreme Court. The petition says that WhatsApp which is known to render public services by providing a platform to communicate has recently imposed a privacy policy that is unconstitutional, which not only goes against the fundamental rights of citizens but also jeopardizes the national security of our country.

RTI Activist Files a Plea in Bombay High Court Against Bharat Biotech’s Covaxin

On Saturday, a plea has been filed before the Bombay High Court by an activist stating that Bharat Biotech Covaxin had not been granted full approval but a restricted use in clinical trials according to the Drugs Comptroller General of India. The Company's phase 3 trials are ongoing and the DGCI has not made any data available in the public domain for peer- review by independent scientists.

More Articles Like This

- Advertisement -