UNION OF INDIA Vs. SRI SAI TRADING COMPANY

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the respondent-Union of India against the order dated 14th November 2011 made by the learned single Judge in CWJC No.12197 of 2011.

(2.) The matter at dispute is the seizure of consignment of betel nuts transported by the petitioner through the territory of Bihar. The said consignment while passing through the district of Araria was intercepted by the customs authorities on 2nd June 2011. After perusal of the documents produced by the driver, on a suspicion that the consignment of betel nuts transported by the petitioner was of third country origin brought in through Nepal, the consignment was seized by the customs authorities. A seizure memo and the Panchnama were drawn.

(3.) Feeling aggrieved, the petitioner approached this Court under Article 226 of the Constitution in above CWJC No.12197 of 2011 to challenge the seizure of the consignment of 15,960 kgs of betel nuts and the vehicle, the truck bearing registration no. UP 63H 9925.