IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3603 of 2009
MD. SADRE ALAM, SON OF MD. ABBULAISH, RESIDENT NAHAR
CHOWK, TRILOKINAGAR RAXAUL WARD NO.16, P.S.RAXAUL,
DISTT-EAST CHAMPARAN.......................................PETITIONER.
Versus
1. J.H.THI KHANG SON OF NOT KNOWN, ASSISTANT COMMISSIONER
OF CUSTOMS (PREV) DIVISION MOTIHARI, DISTT-EAST
CHAMPARAN
2. MR. B.N. MISHRA, SON OF NOT KNOWN SENIOR
SUPERINTENDENT OF CUSTOM(PREV) DIVISION MOTIHARI,
DISTT-EAST CHAMPARAN..............................OPPOSITE PARTIES.
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For petitioner:- Mr. Shahnawaz Ali, Advocate
For Custom :- Mrs. Archana Meenakshi, Advocate
Mrs. Archana Sinha, Advocate
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05/ 21-Sep-2010 There is no dispute that the truck in question
has already been released on the terms specified by the
writ Court in order dated 11.12.2008 passed in
CWJC.No.15601/2008.That part of the order stands
confirmed by the Division Bench of this Court by order
dated 01.09.2009.
2. The writ Court, on the submission of the
writ petitioners treated the goods loaded under truck to
be plastic scraps and accordingly directed for its
photographing and valuation with the further direction
to release the scraps on furnishing of bond of the value
of the scraps with two sureties of that amount. That part
of the order was considered by the Division Bench in
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course of hearing of the LPA and it was clarified that
value of the plastic scraps is very insignificant and
therefore the direction for release of the plastic scraps
as given by the learned single Judge will stand.
However, it was clarified that for release of plastic
granules which according to Custom authorities formed
part of the goods on the truck seized, the Division
Bench clarified that any application for release of
plastic granules shall be considered by the Custom
authorities on its own merits.
3. According to Custom authorities, the
Opposite Parties herein, the petitioner wants to create a
confusion and seek release of the plastic granules along
with plastic scraps on the strength of the judgment of
the Division Bench contained in Annexure-1 dated
01.09.2009.
4. It is further case of the Opposite Parties
that petitioner has not come forward with bonds of
sufficient amount of the valuation of the plastic scraps
to take release of the plastic scraps.
5. On the other hand, learned counsel for the
petitioner submits that already application has been
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filed for release of the scraps but no intimation has
been given to the petitioner to furnish a bond of the
value of scraps till date. According to learned counsel
for the petitioner the authorities have not decided as yet
that what part of the consignment is scrap and whether
there is any plastic granules also in the consignment.
Learned counsel for the Opposite Parties contests the
submission and submits that a copy of Panchnama can
be obtained by the petitioner which would show that
the value of plastic scraps and plastic granules have
been shown separately.
6. Be that as it may, the petitioner is directed
to approach the concerned authorities and on his
furnishing bonds of the required amount the plastic
scraps shall be released to him within a period of four
weeks from today. If the authorities have already
decided that the consignment contains plastic granules
also and its value, the same shall be communicated to
the petitioner within the aforesaid period of four weeks
particularly at the time when he approaches the
authorities for release of plastic scraps. If they have not
decided this issue, they must decide the same within
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four weeks and provide information to the petitioner as
soon as he approaches for release of the plastic scraps.
Thereafter, it will be open for the petitioner to apply for
release of plastic granules also if the authorities inform
him that the consignment contains plastic granules also.
Such application for release of plastic granules as
directed by the Division Bench shall be considered on
its own merit, preferably within six weeks from the
date of filing of such application.
7. The contempt application is finally
disposed of.
( Shiva Kirti Singh, J.)
(Hemant Kumar Srivastava, J.)
perwez