AVADESH KUMAR Vs. CC AND CE

JUDGEMENT

(1.) THIS Order shall also govern disposal of all the following petitions, which raise common questions of fact and law:w. P. No. 1171/97 (Sukhdev Singh v. Commissioner of Customs and Central Excise), W. P. No. 1172/97 (Rampal v. Commissioner of Customs and Central Excise), W. P. No. 1173/97 (Vinod Kumar v. Commissioner of Customs and Central Excise), W. P. No. 1174/97 (Ramesh Kumar v. Commissioner of Customs and Central Excise), W. P. No. 1175/97 (Rajesh v. Commissioner of Customs and Central Excise), W. P. No. 1176/97 (Suresh Kumar v. Commissioner of Customs and Central Excise), W. P. No. 1177/97 (Babu v. Commissioner of Customs and Central Excise) and W. P. No. 1178/97 (Omprakash v. Commissioner of Customs and Central Excise ).

(2.) ALL these petitions have been filed by the Drivers of the Tankers in which Molasses was being transported from different places to the factory of M/s. Kedia Great Galeon Ltd. , at Sejwaya (Ghata Billod) Distt. Dhar (M. P.) Petitioners have submitted that the said Molasses and the tankers could not have been seized. Advantage of Finance Bill No. 1997/1998 issued by the Government of India and especially to Rule 7a of the Central Excise Rules, 1944 is sought to be taken. Pursuant to the seizure the petitioners have submitted their representations.

(3.) SHRI B. G. Neema appearing for respondent on advance copy submitted that Order with regard to provisional release of all the nine tankers involved in this petition, on execution of B-11 Bond separately for each tanker for Rs. 3. 00 lakhs and cash security/bank guarantee of Rs. 5000/- for each tanker together with Molasses has been passed. On furnishing of the said bond, as directed by the Commissioner, the Tankers and the Molasses would be released. Therefore, nothing survives in this matter. Shri Neema has also submitted that, this Order with regard to provisional release has been passed by the Commissioner on 8. 8. 1997 and on furnishing of the bond as directed in the said Order, the tankers together with Molasses would be released. In this view of the matter, no orders on this petition and the connected petitions are required to be passed.