MANOJ KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition agitates the cause of an illegal seizure of goods and vehicle by the Customs Superintendent, Sitamarhi. According to the petitioner, who was the owner of the vehicle, his driver was transporting jack fruit in his brand new pick-up van bearing Registration No. BR 06 CA 2518. The 26 bags of jack fruit were purchased from Tajpur Sabji Mandi at Motipur and was proceeding to the Surshand Market for sale.

(2.) Suspecting the goods to be taken for sale outside the country, to Nepal, the Customs Superintendent detained the vehicle with the goods. The driver of the petitioner then filed a complaint under the SC and ST Atrocities Act before the Court of learned Chief Judicial Magistrate, Samastipur. It is stated that cognizance was taken but, the learned counsel for the petitioner was not able to inform us the stage at which the complaint is or whether the same has been disposed off. In any event, the complaint filed is not relevant for consideration of the issue of illegal seizure, which is the contention raised herein.

(3.) The goods in the vehicle was sold by the Customs Superintendent and the request made by the petitioner to release the vehicle was rejected by the authority. It was argued before the authorities that jack fruit does not fall under dutiable goods and hence there was no reason to seize the vehicle. Time and again representations were made for release of the vehicle, which was not considered by the respondent-authorities.