JITENDAR BOTHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. Shahi, learned counsel appearing for Commissioner of Customs (P), Patna (Respondent no. 2)

(2.) IN this writ petition, petitioner has sought for direction for release of his consignment i.e. 230 bags of betel -nut (Indian origin) seized by the custom officials of Patna Headquarters on 17.10.2001 and/or alternatively to direct the Respondents to put the seized consignment on auction sale forthwith. By amendment petition allowed vide order dated 5th February, 2004, the petitioner has sought for direction to refund the amount of Rs. 19,02,000/ - as the value of the confiscated goods to the petitioner forthwith plus interest @ 12% or more from the date of unauthorised auction of the confiscated goods till the date of final payment besides seeking for adequate compensation for suffering and the financial loss sustained by him for more than 27 months by awarding heavy cost.

(3.) FROM the amendment petition, it appears that during the pendency of the writ petition a show cause notice was served to the petitioner to show cause as to why the goods under seizure along with the truck should not be confiscated and why penalty under Section 112 of the Customs Act, 1962. should not be imposed on him. In response to the show cause the petitioner filed his reply in detail denying and disputing the allegations levelled against him before the Commissioner (Respondent no. 2), who, according to the petitioner, was the adjudicating authority. Respondent no. 2 vide his final adjudication no. 17/CC/ ADD/2002 dated 13.9.2002 directed for absolute confiscation of the seized betel - nut as well as the truck carrying the said consignment, and, further imposed penalty to the tune of Rs. 5,00,000/ - against the petitioner and Rs. 3,00,000/ - on Sri Manjeet Singh, owner of the Truck and Rs. 60.000/ - against Sri Manan Singh, an employee of the petitioner. Being aggrieved by the said adjudication order, the petitioner and other two persons preferred three separate appeals before the Customs, Excise & Gold (Control) Appellate Tribunal, East Zonal Bench, Kolkata which were numbered as Appeal Nos. C -376 -378/02. The said appeals were heard by the Tribunal comprising of judicial and technical members. The Tribunal vide its order dated 28.3.2003, contained in Annexure -3 to the amendment petition found no justification to uphold the order of the Commissioner of Customs confiscating the betel -nut by treating the same as contraband items, and, accordingly, set aside the order of confiscation, and, further directed that there was no justification for imposition of personal penalty either upon the owner of the betel - nut or upon two other owner or representative of the transporter, which were also set aside and allowed the appeals preferred by the three aggrieved persons.