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2004 Supreme(Gau) 172

BIPLAB KUMAR SHARMA
Dal Thang – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: D.K. Das, N. Upadhay and B. Dey, Advs.
For Respondents/Defendant: C. Choudhury and G.A. Mizoram, Advs.

JUDGMENT

B.K. Sharma, J.

1. The four petitioners involved in this writ petition claiming themselves to be the residents of Aizwal, Mizoram, although originally belonged to Myanmar have initiated this writ proceeding in respect of seizure of 4 nos. of Hero Honda Motor Cycles from their custody on 8.4.2002 in a place called Keifang in the State of Mizoram. Such seizure was by the custom officials on suspicion that the petitioners were foreign nationals and the Motorcycles were being carried to Myanmar. A case was registered under the Customs Act, 1962 read with Export Control Order No. 1/77 dated 24.3.1977 issued under Sections 3 and 4A of the Foreign Trade (Development & Regulation) Act, 1992. The customs officials registered Custom Seizure Case No. 11/CL/EXP/CUST/AS-AIZ/2002 dated. 8.4.2002 and No. 12/CL/EXP/CUST/AS-AIZ/2002 dated 8.4.2002.

2. The petitioners were arrested and Aizawl Police Case No. 175/02 under Section 6(a) PP Rules 1950 was registered against them. The petitioners were eventually released on bail on 10.4.2002. The Motorcycles were also ordered to be released by the Magistrate, Aizawl vide order dated 11.4.2002. Being aggrieved by the said order directing release of






































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