LAWS(PAT)-2019-9-11

J. K. TRADERS Vs. UNION OF INDIA

Decided On September 05, 2019
J. K. Traders Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. Amit Pandey, learned counsel for the petitioner and Mr. Anshuman Singh, learned counsel for the Union of India.

(2.) The petitioner in the present writ application seeks the following reliefs:

(3.) The case of the petitioner is that the petitioner no. 1 is engaged in business of trade of Betel Nuts grown in North Eastern Region of the country and the petitioner no. 2 is Transporter of goods. On 06.02.2019 when a vehicle bearing Registration No. TN 25 BC / 5209 engaged by petitioner no. 2 for carrying the Betel Nuts of petitioner no. 1, it was detained by the officials of the Customs, Forbesganj under the office of the Commissioner of Customs (Prev), Patna near Haria Bara Toll Plaza, Araria and seized the Betel Nuts approximately 23660 kg valued at Rs. 67,33,163/- and the truck in question. A seizure memo was prepared wherein it has been recorded that the origin of goods is that of a third country/foreign origin but according to the learned counsel for the petitioner, the seizure list nowhere discloses the name of the country from which the goods have been originated. Further that how the customs officials formed a belief that the goods were of foreign origin.