BIRENDRA KUMAR SINGH S/O BABU LAL SINGH R/O VILLAGE - AHRAURA, P.S. AHRAURA, DISTRICT - MIRJAPUR ( U.P. ) Vs. UNION OF INDIA THROUGH COMMISSIONER OF CUSTOMS, CENTRAL REVENUE BUILDING, BIRCHAND PATEL PATH, PATNA, BIHAR, NAMELY SRI AJAY DIXIT, FATHERS NAME NOT KNOWN

JUDGEMENT

(1.) This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for their deliberate and willful non-compliance and violation of order dated 14.11.2011, by which this Court allowed C.W.J.C. No. 12197 of 2011 filed by the petitioner & another and quashed the impugned seizure and detention dated 02.06.2011 of the betel nuts and the truck on which it was loaded and the authorities were directed to release the truck and the betel nuts loaded thereon immediately after receipt/production of a copy of that order. 2. It is not in dispute that the truck in question had registration no. UP-63 H-0025 and 15,960 kgs. of betel nuts, contained in 266 bags, was loaded on the truck in question and was seized on 30.05.2011 from Kishanganj '0' Mile by the Kishanganj Custom Office alleging that betel nuts was smuggled article and was being transported.

(2.) Against the said seizure, C.W.J.C. No. 12197 of 2011 was filed by the petitioner Birendra Kumar Singh, who is a Transporter along with Sri Sai Trading Company, Patna, who was the owner of the said consignment of betel nuts, which it had booked with the petitioner at Gauhati for being delivered to M/s Maa Padmawati Traders, Nagpur after observing all the necessary formalities and preparation of relevant documents and after payment of requisite fee at the Check-Posts.

(3.) The said writ petition was heard at length and after considering the respective claims of the parties and the materials on record, it was held that in the facts and circumstances of the case as well as in view of absence of any material to show that the goods were smuggled goods and were of any third country origin, the respondent-authorities should not have detained the truck and betel nuts loaded on it nor they should have seized the same, which acts were clearly violative of well-settled principle of law. Accordingly, the said writ petition was allowed by this Court vide order dated 14.11.2011 (Annexure 1) and the impugned order of detention and seizure of betel nuts and the truck on which it was loaded, was quashed and the authorities were directed to release the truck and betel nuts loaded thereon immediately after receipt/production of a copy of that order.