COLLECTOR OF CUSTOMS PREVENTIVE Vs. KULJIT SINGH

JUDGEMENT

(1.) This appeal arises out of the order dated 7th July, 1992 passed by a learned Single Judge of this Court on an application filed by the respondent-Writ Petitioner for refund of the cash security along with interest.

(2.) Shortly stated, the facts are that the respondent-Writ Petitioner is the sole proprietor of a transport agency namely M/s. Shammy Road Carriers. In or about January 1987, 9 trucks along with goods loaded therein which were proceeding from Delhi to Calcutta were detained by the Central Excise Officers at Bolpur. 4 trucks were brought to Calcutta Customs House. The allegation was that the said trucks were involved in smuggling activities. By order dated 14th April, 1987 the Collector of Customs directed release of the said 4 trucks provisionally on depositing of Rs. 20,000/- for each truck and on execution of bonds for the entire value of the said trucks. Between April 1987 and August 1987 the respondent-Writ Petitioner deposited an aggregate sum of Rs. 80,000/- in cash with the Collector of Customs and obtained release of 4 trucks on execution of bonds.

(3.) The respondent-Writ Petitioner also paid a sum of Rs. 1,28,250/- in or about May 1987 for release of the indigenous goods which were seized by the Customs Authorities.