ASHOK KUMAR Vs. DEV RAJ

JUDGEMENT

(1.) By this writ petition mandamus is sought for a direction directing the Collector of Customs, respondents to return Mercedez Benz Car No. BA.A-2976 to the petitioner.

(2.) On 3rd/4th August, 1979, 95 Kilograms of Hashish and Mercedez Car was seized by the Officers of the Directorate of Revenue Intelligence. The car was driven by one Nepali National Pabitra N. Rana who had stated that he had transported Hashish in the car. Since it was used for smuggling it was liable for confiscation; the car was seized. On 17-1-1980 notice was issued to Rana asking him to show cause as to why the Hashish and the Car be not confiscated. A criminal complaint was also filed on 6-2-1981 under Section 135 of the Customs Act 1962 (to be called the Act). Rana pleaded guilty on 19-2-1981 and was sentenced to 6 months imprisonment.

(3.) The petitioner has come to this court in the present petition on the allegation that he had asked the Collector of Customs by his communication of April and May, 1981 to return the car to him, but had got no response. The petitioner claims that he is the owner of the car and Rana was his friend when he had permitted only to use the car. He claims the car to be returned to him.