COMMR. OF CUS. (PREVENTIVE) Vs. DUNGARMAL MOHATA

JUDGEMENT

(1.) The facts giving rise to the filing of this application under Sec. 130A of the Customs Act, 1962 by the applicant Commissioner of Customs (Preventive), West Bengal, Calcutta may be summarised as follows:

(2.) On 13.7.99 the Customs Officers attached to Berhampore Customs Preventive Unit received one telephonic information that a truck loaded with betelnuts had left Siliguri for Calcutta. The officers of Customs ambushed themselves by the side 6f NH -34 at the outskirt of Berhampore town. At about 03.00 hours of 14.7.99 the Customs Officers intercepted one truck near Bhakuri on NH -34 and from the documents available with the driver it was revealed that 125 bags of betel nuts were loaded in the truck from Dhupguri and was consigned to M/s. Venkatessa Supari Bhander, Erode, Tamil Nadu. The driver was in possession of two road challans bearing Nos. B -10/99 and B -11/99 both dated 10.7.99. From the challan No. B -11/99 it was revealed that another truck loaded with 195 bags of betel nuts was also coming along the same route and when the second truck also arrived there, it was intercepted by the Customs Officers and the drivers stated that the trucks were loaded with betel nuts at Dhupguri and both the trucks were consigned for Erode at Tamil Nadu.

(3.) From the drivers it was learnt that one Sri Surinder Kumar Oswal of Dhupguri was the owner of the goods while the consignor was one Sri Dungarmal Mohata, proprietor of M/s. Shyam Traders of Dhupguri as it was revealed from the road challans.