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2019 Supreme(Pat) 1895

RAJEEV RANJAN PRASAD
Om Sai Trading Company – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Prabhat Ranjan, Adv., Anshuman Sinh, Adv.

JUDGMENT :

Rajeev Ranjan Prasad, J.

The petitioners in the present case are seeking the following reliefs :

    "(i) Quashing of the Memo of Seizure dated 06.02.2019 (Annexure-2) whereby 15865 Kgs. Of Betel Nuts contained in 328 bags valued at Rs. 4514862/- and along with the truck bearing Registration No. KA 01B-8691 valued at Rs. 5 Lakhs has been seized for alleged violation of Notification No. 9/96 (NT)-Cus, dated 22.01.96 issued under Section 11 of the Customs Act, 1962 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992;

(ii) Quashing of the Consequential Letter No. 2647 dated 02.04.2019 (Annexure 4) whereby, on the basis of an exparte Sample Test report from Officer in Charge, Central Food Laboratory, Kolkata (Extension Centre, Raxaul), reporting the samples to be non confirming to the Food Safety and Standards (Food Products Standards and Food Additives) Regulation 2011, the application for provisional release of the Betel Nutes has been rejected;

(iii) Quashing of the consequential order of provisional release dated 04.04.2018 (Annexure 5) vide Letter No. 2707 to the extent that provisional release has been ordered on submission of the cash security

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