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 truck. Finally, when the truck with the aforesaid items reached the check gate at Meghalaya, on 04.07.1999, the Inspector of the concerned Check Gate, after due verification, allowed the vehicle to proceed towards it's destination at Manchachar. The Inspector also issued necessary verification certificates, certifying that the goods and the documents were duly verified and found to be genuine.

4. On its way to Mancachar Circle, the said vehicle with goods was stopped by the Assistant Commandant of BSF Mancachar near the PWD road at Kukurmara, suspecting that the goods would be exported to Bangladesh through Mancachar-Mahendragang area. The Assistant Commandant, BSF, Mancachar Circle, seized all the goods in the vehicle of the Petitioner and handed over the truck along with the goods aforesaid to the Inspector, Land Custom Station, Mancachar, Dubhri District.

5. The Inspector of Land Custom Station, Mancachar, stated to have demanded a sum of Rs. 40,000/- from the driver of the truck. It has been further alleged that the Inspector threatened to detain the goods and arrest the persons in the vehicle. However, subsequently, the Respondent No. 2 took a sum of Rs. 1,500/- as a token amount to release all the persons in the vehicle. However, though, no case was registered, the Respondent No. 2 surprisingly continued to detain the vehicle along with the goods. On 05.07.1999, a public notice was issued declaring the goods to be unclaimed seizure under the Customs Act. It is in these circumstances, Respondent approached this Court by filing a WP(C) No. 3380 of 1999, against the aforesaid notice of the Appellant authority. This Court by its order dated 22.09.1999 in WP(C) No. 3380 of 1999 issued directions as follows:-

After hearing the learned Counsel for the parties and on perusal of the materials on records, without deciding the question of law raised in these writ applications, I feel that the interest of justice required that the truck in question i.e., AS-06-A-4866 belonging to the Petitioner Gagan Deo Shah in CR No. 4030/99 shall be returned to him within a period of 7(seven) days from the date of receipt of the order. The owner of the truck shall furnish a bond of Rs. 50,000/- (fifty thousand) along with an undertaking that the truck in question shall be produced before the authority as and when required by the Custom authority in connection with any case/action that my be initiated by the authority or in connection with any criminal case.

61 bags of bettlenut along with 25 nos of bamboo mats seized belonging to Md. Esa Ali, the Petitioner in CR No. 3380/99 shall be returned to him on furnishing a bond of Rs. 15,000/- (fifteen thousand). This is required as these are perishable goods.

6. The aforesaid order of the learned Single Judge in WP(C) No. 3380 of 1999,