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1995 Supreme(Cal) 345

UMESH C.BANERJEE, BARIN GHOSH
UNION OF INDIA (UOI) – Appellant
Versus
KANTI TARAFDAR – Respondent


Advocates Appeared:
J.N.BISVAS, N.C.ROY CHAUDHARY, PRANTOSH MUKHERJI, PRIMATA DAS

BARIN GHOSH, J.

( 1 ) THIS is an appeal against an order of Ajoy Nath Ray, J. dated 7th March, 1994 passed on a writ petition, where a writ of mandamus had been sought for release of the goods seized by the Customs Authorities and a writ of certiorary was prayed for quashing the show cause notice on the ground that the show cause notice was received by the writ petitioners after expiry of six months from the date of seizure.

( 2 ) BY the order the learned Judge directed the Appellants, Customs authorities, to return the seized goods to be respondents, writ, petitioners, within four weeks from the date of the order, and further directed that the show cause notice may be proceeded with, but only after return of the seized goods. The order further provided that the writ petitioners will be entitled to a hearing as provided by law and the proceedings shall be contained if, at all, in accordance with law and the writ petitioners will be entitled, if aggrieved, to move afresh against the order to be passed upon such further proceedings.

( 3 ) THE facts of the case are summarised below :-On 14th November, 1992 a truck bearing No. WBL 5972 was intercepted by the personnel of the Border








































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