DALTHANG Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The four petitioners involved in this writ petition claiming themselves to be the residents of Aizawl, Mizoram, although originally belonged to Myanmar have initiated this writ proceeding in respect of seizure of 4 Nos of Hero Honda Motorcycles from their custody on 8.4.2002 in a place called Keifang in the State of Mizoram. Such seizure was by the custom officials on suspicion that the petitioners were foreign nationals and the motorcycles were being carried to Myanmar. A case was registered under the Customs Act, 1962 read with Export Control Order No.1/77 dated 24.3.77 issued under section 3 and 4A of the Foreign Trade (Development and Regulation) Act, 1992. The customs officials registered Custom Seizure Case No. 11 /CL/EXP/CUST/AS-AIZ/2002 dated 8.4.2002 and No.12/CL/EXP/CUST/AS-AIZ/2002 dated 8.4.2002.

(2.) The petitioners were arrested and Aizawl Police Case No. 175/02 under section 6 (a) PP Rules, 1950 was registered against them. The petitioners were eventually released on bail on 10.4.2002. The Motorcycles were also ordered to be released by the Magistrate, Aizawl vide order dated 11.4.2002. Being aggrieved by the said order directing release of motorcycles, the custom authority moved this Court by filing Criminal Revision No. 1 of 2002. The revision application was allowed by order dated 3.12.2002 by setting aside the order of the learned Magistrate.

(3.) According to the petitioners, they are not foreign nationals and they have also not been declared to be so by the competent authority and thus they are entitled to hold property in India including the State of Mizoram. The case made out in the writ petition is that the petitioners ever since the seizure of the Motorcycles on 8.4.2002 have been waiting for a logical conclusion to the cases registered against them. According to them they have not received any notice relating to the aforesaid proceedings and are in complete dark. They have asserted that they are entitled to get back the Motorcycles and the respondents have no authority in law to keep the seized Motorcycles in indefinite custody without bringing the proceedings to an end.