A N SHUKLA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The truck No. W.B. - 03/A 0367 owned by the petitioner was intercepted on 9-8-2009 and 301.21 Kilograms of Chinese Silk Yarn, a contraband goods was found to be concealed between the bundles of laminated jute bags. The truck was seized by the custom authorities. Show cause notice was issued to the petitioner. The petitioner submitted his reply. However, by the order dated 31-3-1999, the vehicle was confiscated and was directed to be released on deposit of Rs. 1 lakh. Some penalty was also imposed upon the petitioner.

(2.) It appears that during the pendency of adjudication proceedings, the vehicle had been sold on 22-3-1999 for a sum of Rs. 3,31,000/-. The Tribunal in the appeal preferred by the petitioner sometimes in the year 2003 by the judgment and order dated 8-4-2005 , 2005 (187) E.L.T. 269 (Tri. - Del.) rejected the appeal, but reduced redemption fine to Rs. 50,000/-, and penalty to Rs. 20,000/-. Further, appeal under Section 130 of the Customs Act, 1962, before this Court was dismissed vide judgment and order dated 14-3-2007. Thereafter, the petitioner took steps for release of the seized truck showing his intention to deposit redemption fine and penalty, the total of which comes to Rs. 70,000/-. At that point of time, the petitioner was informed that the vehicle has already been sold on 22-3-1999 for a sum of Rs. 3,31,000/-.

(3.) By means of this writ petition, the petitioner seeks a writ order or direction in the nature of mandamus directing the respondent to refund Rs. 5,30,000/- to the petitioner i.e. after deducting a sum of Rs. 70,000/- from the punch value of the vehicle amounting to Rs. 6,00,000/- and also not to recover Rs. 20,000/- towards personal penalty imposed upon the petitioner.