RAJ KUMAR CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application the petitioner prays for issue of a writ of mandamus directing the respondents to release the articles which were seized from the premises of the petitioner on 29th July, 1982.

(2.) The petitioner owns a shop named M/s. Geet Mahal at Muzaffarpur. The customs authorities conducted a raid in the premises of the Petitioners's aforesaid shop. They seized 3449 cassettes and four speed king recorders and granted a receipt. The same day a raid was conducted at the residence of the petitioner. In this raid 130 cassettes were seized. Retention memos were granted in respect of both the seizures. The case of the petitioner is that the respondents are no longer in legal possession of the seized goods. This is so as the proceedings have to be started within six months of the seizure and in the instant case this was not done. On the Other hand, on repeated demands of release of the seized goods by the petitioner, he was informed by a letter dated 7th March, 1983, that the cassettes had been taken over by the Central excise authorities. Thus, according to the petitioner this handing over of the seized cassettes to the authorities of the Central Excise Department was illegal. The petitioner is consequently entitled to the return of the cassettes as also the four speed king recorders.

(3.) A counter-affidavit has been filed in which it has been stated that so far as cassettes are concerned, they were seized under a bona fide belief that the seized goods were foreign-made goods and thus liable to confiscation as they had been smuggled in this country. Later the authorities were satisfied that the cassettes were not foreign-made goods but the authorities of the Central excise department seized those goods from the possession of the Assistant Collector of Customs, Muzaffarpur, in the reasonable belief that the goods were liable to confiscation under the provisions of the Central Excise Rules. A panchnama was drawn up at the time of seizure on 28th December, a copy whereof was served on the petitioner on 30th December, 1982.