ASSTT COLLECTOR OF CUSTOMS Vs. KASAM MAMAD SUBHANIYA

JUDGEMENT

(1.) The short question which arises in these proceedings is as to whether the civil court his the jurisdiction to direct the Customs Authorities to release the fishing boats which were seized by the Customs Authorities during the course of investigation on execution of bond by the plaintiffs? If yes has the jurisdiction been properly exercised in these two cases ?

(2.) The Customs Authorities seized two fishing boats namely S. V. Pankhdo and S. V. Usmani on 29/06/1982 A seizure panchnama of the same was effected on the same day. The boats were seiezd on the allegation that they were used for transporting contraband goods from another vessel namely M. S. V. Sagar Laxmi and that the boats were liable to confiscation under the provisions of the Customs Act. It appears that the statements of the opponents Plaintiffs were recorded under the provisions of sec. 108 of the Customs Act 1962 (the Act for short) on the same day. On 13/08/1982 both the opponents filed two separate civil suits being Civil Suits Nos. 744 and 745 of 1982 in the court of Civil Judge (SD) Jamnagar and prayed for a declaration that the action of seizure taken by the Customs Authorities was illegal and void and prayed for a temporary mandatory injunction to the effect that the Customs Authorities be directed to release the fishing boats on execution of bond for the amount mentioned in the Seizure Panchnama made at the time of seizure. On the same day an application Exhibit 5 for interim relief was filed wherein after hearing the parties the trial court passed the order on 14/09/1982 and directed the Customs Authorities to release the fishing boats on execution of the surety bonds and P R bonds for the amounts mentioned in the order.

(3.) The Customs Authorities felt aggrieved by the said order and preferred two different appeals being Civil Misc. Appeals Nos. 118 and 119 of 1982 in the Court of District Judge Jamnagar who dismissed both the appeals by his common judgment and order dated October 24 1982 It is against this order that the Assistant Collector of Customs and the Union of India have preferred these two revision applications. As common questions of fact and law arise parties requested to dispose of these two revision applications by a common judgment. Arguments advanced by the counsels for both the sides are common; the points raised and to be determined are also common. Hence I am disposing of these two revision applications by this common jugment.