RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Fariyad Alam – Appellant
Versus
Union of India – Respondent
Rajeev Ranjan Prasad, J. – Heard Ms. Archana Meenakshee, learned counsel for the petitioner and Dr. K. N. Singh, learned ASG assisted by Mr. Anshuman Singh, learned Senior Standing Counsel for the Department of CGST/CX.
2. The petitioner in this case is challenging the Seizure Memo dated 21.04.2023 (Annexure ‘P/6’ to the writ application) whereby and whereunder 35 bags of wheat containing 55 Kgs each have been seized by one Sunil Dutt Gaurola, Assistant Sub- Inspector, 47 Battalion, Shashtra Seema Bal, Bihar and handed over to the Assistant Commandant ‘A’ COY, 47th Battalion, SSB, Bihar. The petitioner has also prayed for the provisional release of the seized vehicle along with the consignment of 35 bags of wheats.
3. At the outset, it is recorded that in course of hearing of the writ application on 23.06.2025, learned counsel for the petitioner has specifically submitted that she would confine her submissions in this case only with regard to the seizure of the wheat. Since the order of confiscation has been passed during pendency of the writ application and the order of confiscation was brought on record by the respondents with their counter affidavit, the petitioner filed an interl
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Confiscation of vehicle under the NDPS Act requires adherence to procedural fairness, including providing notice and opportunity for hearing to claimants, regardless of their conviction status.
(1) Personal interests of importers who made improper imports are pitted against interests of national economy and more particularly, interests of farmers. Imposition of penalty on such importers is ....
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