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1982 Supreme(Cal) 361

AMITABHA DUTTA
SUSANTA KUMAR ADHIKARY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
BISWA RANJAN GHOSAL, SATYABRATA BHATTACHERJI, SEKHAR BASU

AMITABHA DUTTA, J.

( 1 ) THIS Revisional application is directed against an order dated 20th April, 1982 passed by the learned Sub-Divisional Judicial Magistrate, Barasat in Customs Case No. 112 of 1982 rejecting the petitioners application for return of the goods seized by the Customs Officer.

( 2 ) IT appears that the petitioners while they were transporting readymade garments old and used said to be of foreign origin in 28 gunny bags by a Matador van from Maslandapur to Calcutta, were intercepted at Santospur on National Highway-34 on 24th March, 1982 at 1 a. m. by the night preventive patrol of the Customs Department and they were arrested under section 104 of the Customs Act, 1962. The carrier Matador van and the garments in question were also seized as the petitioners failed to produce any document in support of lawful importation of the goods and the Customs Officer had reason to believe that they were unlawfully imported into India from Bangladesh in contravention of Sections 11 and 11b of the Customs Act, 1962 and other allied Acts. So the aforesaid garments and the Van are said to be liable to confiscation under Sections 111 and 115 respectively of the Customs Act, 1962





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