MD SAJID Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two cases, the petitioners have assailed seizure of black peeper and the three trucks bearing Registrations No UK 06 CA7293, UP 22 AT 3829 and UP 21 CN1300, on which the black peeper, alleged to be of third country origin, were being transported. Since seizure of the black peeper and the three trucks are constituting one transaction and the petitioners in both the cases are represented by a common counsel, the parties have agreed that the two matters may be considered together. In view thereof, the matters have been heard with a view to final disposal of both the cases. Seizure of the trucks in question is for the reason that the customs authorities found the trucks to be carrying black peeper of third country origin in contravention of the Customs Act. Legitimacy of seizure of the trucks in question is, directly related to legitimacy and the seizure/confiscation of the black peeper in question. The fate of the three trucks, therefore, is directly dependent upon the decision of this Court as regards the legitimacy of the seizure of the black peeper in question. The trucks in question can only be released if this Court arrives at a conclusion that seizure of the black peeper in question was not in accordance with law. If this Court comes to a conclusion otherwise, the truck owners (petitioners in the second writ petition) would have no case for release of the trucks.

(2.) Heard learned counsel for the petitioners and learned counsel for the respondents.

(3.) The brief factual matrix of the case in CWJC No 8737 of 2020 is arising out of a seizure of the petitioner..s black peeper, totalling 14199.400 Kilograms (for brevity, Kgs) laden in three trucks valued at Rs.70,99,700.00 (Seventy Lakhs Ninety Nine Thousand and Seven Hundred Only). After the first truck was seized, the other two trucks were located based on statement of the petitioner, the version of which, however, is at variance, as per claim of the petitioners vis-a-vis the respondents. The valuation of the three trucks bearing Registrations No UK 06 CA7293, UP 22 AT 3829 and UP 21 CN1300 are done by the customs authorities at Rs.9,50,100.00 (Rupees Nine Lakhs Fifty Thousand and One Hundred Only), 16,59,935 (Rupees Sixteen Lakhs Fifty Nine Thousand Nine Hundred and Thirty Five Only) and Rs.16,80,000.00 (Rupees Sixteen Lakhs and Eighty Thousand Only) respectively.