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1999 Supreme(Pat) 1004

NAGENDRA RAI
Bikaner-assam Road Lines India Limited – Appellant
Versus
Union Of India – Respondent


Judgment

1. Three petitioners have filed the present application for quashing the seizure memo dated 12.7.1999 (Annexure 7), issued by the Superintendent (Technical), Custom (P) Division Motihari, under the authority of the Assistant Commissioner of Customs (P) Division, Motihari, by which 220 bags of betel-nut (17, 886 kgs.) and one Tata truck bearing registration no. AS-01G-3945, were seized for violation of Government of India, Ministry of Finance, notification no. 9/91 dated 22.1.1991, issued under section 11 of the Customs Act, 1967, read with section 3(1) of the Import & Export Control Act, .1947; for declaring the seizure of the aforesaid betel-nut and the vehicle as illegal and, thereafter, to release the aforesaid articles and the vehicle during the pendency of the writ application.

2. The petitioners case is that petitioner no.1 is a Company incorporated under the Companies Act and engaged in transportation business having its Head Office at Bikaner in the State of Rajasthan and its Branch Offices are situated throughout the country, including the States of Assam and Bihar. Petitioners no.2 and 3 are engaged in the business of General Merchant and Commission Agent in the S





















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