BIRENDRA THAKUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The writ petition was filed by the petitioner, who is a resident of Village-Ramnagar in the district of Sitamarthi challenging the seizure of Mahua wood in the shape of Kari and Patti (Sawn timber) by the Customs Preventive Division, Muzaffarpur. The customs officials have filed counter-affidavit, rejoinder to which has also been filed, and reply to the rejoinder by the customs officials. With consent of parties this writ petition is being disposed of at this stage itself.

(2.) The facts of the case are within a very narrow compass. Petitioner alleges that for his personal purpose he had purchased some Mahua timber and on his own truck after getting permit for timber transit transporting it to his village at Ramnagar in the district of Sitamarhi. While the truck was standing outside his house on the road, officers from the customs department came and wrongly seized the same with wrong intentions. The petitioner challenges the validity of seizure.

(3.) On the other hand, the stand of the customs department is that they had secret information that some truck with Nepali Mahua (timber) was likely to be illegally imported into Indian territory and accordingly in the night of 10.7.2008 they found a truck coming towards Sitamar. When they tried to stop the driver, to check the contents thereof, the driver shouted that the truck was empty and the truck filed away. Then there was hot pursuit given by the customs officials and after some distance of about 25 Kms. from the check point they found the truck abandoned near village road of Ramnagar (the village of the petitioner). The driver and the cleaner disappeared in the village and because of night and rain could not be located. On inspecting the truck they found wood cut into pieces, which was later, got identified by local carpenter to be Mahua of Nepali origin, as such, the truck bearing Registration No. B.R.-1-G-3792 alongwith alleged Nepali timber loaded thereon was seized on the "reason to believe" that the timber was of Nepali origin and was being imported into India illegally in violation of the provisions of the Customs Act and Foreign Trade [D.&R. Act), 1982, read with notifications issued under the Customs Act. The timber was estimated to be about 200 cft., valued at about Rs. 74,000.00. The seizure was made in terms of section 110 of the Customs Act, 1962. The seizure report is contained in Annexure-2.