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2022 Supreme(Pat) 98

MADHURESH PRASAD
MD SAJID @ SAILLU Son of Late Md Umar – Appellant
Versus
Union of India, through the Chief Commissioner of Customs (Preventive) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr Saket Gupta, Advocate
For the Respondents: Dr K N Singh, Mr Anshuman Singh, Mr Manoj Kumar Singh

JUDGMENT :

In these two cases, the petitioners have assailed seizure of black peeper and the three trucks bearing Registrations No UK 06 CA7293, UP 22 AT 3829 and UP 21 CN1300, on which the black peeper, alleged to be of third country origin, were being transported. Since seizure of the black peeper and the three trucks are constituting one transaction and the petitioners in both the cases are represented by a common counsel, the parties have agreed that the two matters may be considered together. In view thereof, the matters have been heard with a view to final disposal of both the cases. Seizure of the trucks in question is for the reason that the customs authorities found the trucks to be carrying black peeper of third country origin in contravention of the Customs Act. Legitimacy of seizure of the trucks in question is, directly related to legitimacy and the seizure/confiscation of the black peeper in question. The fate of the three trucks, therefore, is directly dependent upon the decision of this Court as regards the legitimacy of the seizure of the black peeper in question. The trucks in question can only be released if this Court arrives at a conclusion that seizure of the b

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