ASIF HOSSAIN Vs. INSPECTOR GENERAL, B.S.F.

JUDGEMENT

(1.) THE petitioners who are carrying on business in partnership under the name and style of 'Bengal Traders' in Chillies, Jeera, Black Peppers, Betel Nuts etc. at Dhuliyan, have challenged an order of detention and seizure of 64 quintals of Black Peppers from the godown of the petitioners situated at Anupnagar, Kanchantala, Kamat of Dhuliyan, by the respondents.

(2.) IT is the case of the petitioners that purchasing the goods from various places like Calcutta, Kerala ect. they store the same in their aforesaid godown and sell such articles in small lots from their retail shops situated at Dhuliyan Cinema Road, Dhuliyan in the district of Murshidabad. For the aforesaid business they possesses the requisite certificate from the concerned department of the Government of West Bengal and they also maintain their accounts and pay all taxes including income tax, sales tax etc. On 7th December, 1996 at about 6 P. M. some Border Security Force Personnel (hereinafter referred to as the B.S.F.) being the respondent No. 2 and 3 along with some customs officials, police personnel and responsible persons of the locality came to the aforesaid godown of the petitioners and although the petitioner No. 1 showed the said respondents the sale tax registration certificate, vouchers cash memo, the transport challan, stocks register and sale register, the BSF personnel arbitrarily and illegally lifted the said 64 quintals of black peppers on a matadore van which they brought along with them and took away the said goods and detained the same without further making any inventory or making any seizure list in respect thereof. Having failed to obtain any inventory from the respondent No. 2 and 3 the petitioner lodged a general diary on 7th December, 1996 with the officer -in -charge Samser ganj Police Station, at Dhuliyan. On 8th December, 1996 the petitioner No. 1 visited the office of the respondent No. 7 for demanding return of his said detained goods when the said goods were seized again by the customs authority and after preparation of a seizure list the same were handed over to the petitioner.

(3.) IT is the specific case of the petitioner that the allegation in the said seizure list that the petitioners failed to produce any documents in support of ownership and possession of the materials are absolutely baseless and mala fide. Admittedly the Chairman of the Dhuliyan Municipality Mr. Safar Ali was present in the godown of the petitioner which was raided by the respondent on 7th December 1996 and it will appear from a certificate issued by him that the petitioner No. 1 although showed all the documents which were asked for by the BSF personnel at the time of search of the godown the BSF personnel removed the goods without preparing any seizure list or inventory.