BIMAL KUMAR JAIN Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) It is not disputed that Maruti Esteem Car bearing registration No.DLG-6 was seized under Section 110 of the Customs Act, 1962 on 22.6.95 by the Customs Officials having formed an opinion that it was liable to be confiscated under Section 115 of the Customs Act, 1962 (hereinafter the Act, for short).

(2.) It is also not disputed that on 22.6.95, the car was standing outside the Indira Gandhi International Airport at Delhi with driver Prakash Sharma in it.

(3.) Notice to show cause against the proposed confiscation of the car has been issued by the Assistant Commissioner of Customs (Preventive) on 11.12.95. It is addressed to (i) Shri Ganji Satya - Narayana Dasu, (2) Shri Padamnabha Menon Rajaram, (3) Shri Surender Kumar Jain, (4) Shri Prakash Sharma, and (5) Shri Naresh Jain. The proceedings for confiscation and other adjudication proceedings under the Act are pending qua the abovesaid five persons. However, so far as the petitioner Birnal Kumar Jain is concerned neither he has been served with any show cause notice till this day nor is he a party to the proceedings pending under the Customs Act.