DEPARTMENT OF CUSTOMS Vs. EASTERN ROAD CARRIERS

JUDGEMENT

(1.) Department of Customs has filed this petition under Section 482 of the Code of Criminal Procedure (tor short "the Code") with a prayer that the order dated 23.2.1994 <PG>58</PG> passed by Shri R.K. Sharma, ACMM. New Delhi be set aside and the petitioner be permitted to dispose of the 'CloseUp' tnoth pase in accordance with the prescribed rules.

(2.) Before discussing the submissions made by the learned counsel for the parlies, it would be necessary to give the brief facts leading to the filing of this petition. On 18.12.1993, Officers of the Customs (Preventive), Delhi recovered and seized smuggled ball-bearings worth Rs.40,95,600.00 from two trucks bearing No. DIG-4706 and DL-1L-A 3252. These were concealed under 450 boxes of Close Up toothpaste. The drivers of the two trucks besides other persons including Pradip Goel were examined undersection 108 of the Customs Act. The seizure of the articles including the Close Up packings was made under the reasonable belief that they were liable to confiscation.

(3.) The Department of Customs moved an application before the learned ACMM. New Delhi with a prayer that they may be permitted to dispose of the tooth paste Close-Up. It was, inter-alia, pleaded that the Tooth Paste were not contraband goods but were used only for the concealing of smuggled goods. Further averments made in the application were that the Tooth Paste is a parishable item. which will deteriorate in value and utility by passage of time so the application for permission to dispose of the same.