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2011 Supreme(Gau) 429

MADAN B.LOKUR, A.C.UPADHYAY
Union of India (UOI) represented by the Commissioner of Customs – Appellant
Versus
Md. Esa Ali – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: D.C. Chakraborty, C.G.C.
For Respondents/Defendant:D. Sengupta, Advocate

JUDGMENT

Arun Chandra Upadhyay, J.

1. Appellant has challenged the judgment and order dated 16.02.2006, passed by learned Single Judge in WP(C) No. 657 of 2000, whereby a direction was issued to the Appellants to pay a sum of Rs. 1,50,000/- as costs of the seized goods and compensation for mental torture caused to writ Petitioner/Respondent.

2. We have heard Mr. D.C. Chakraborty, learned C.G.C. for the writ Appellant-Union of India. None appeared on behalf of the Respondent.

3. The facts, leading to filing of this writ appeal, may be stated, in brief as follows:

The Petitioner/Respondent, in course of his business, sent 61 bags of beetle nuts on 03.07.1999, along with 25 Nos. of bamboo mats from his residence at Dibrugarh to his own house at Manchachar District, Dhubri through his brother. The aforesaid goods were carried in truck bearing Registration No. AS-06-A-4566, together with all necessary valid documents of the vehicle. While transporting the aforesaid goods, the said truck loaded with the goods was checked at different check gates, and the authority concerned of the check gates had also issued necessary certificates and permits regarding the genuineness of the goods in the truc






















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