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2004 Supreme(Gau) 3

B.K.SHARMA
Dad, Thang – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
C.Choudhary, B.Dey, N.Upadhaya, D.K.Das

B.K.SHARMA, J.—

The four petitioners involved in this writ petition claiming themselves to be the residents of Aizawl, Mizoram, although originally belonged to Myaranar 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 5 late 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, 196 ? read with Export Control Order No. I/77 dated 24.3.77 issued under Section 3 and 4 A" of the Foreign Trade (Development & Regulation) Act, 1992. The customs officials registered Custom Seizure Case No. 11/C17 EXP/ CUST/AS-AIZ/2002 dated 8.4.2002 and Mo. 12/CL/EXP/CUST/AS-AIZ/2002 dated 8.4.2002.

2. The petitioners were arrested and Aiz awl Police Case No. 175/02 under Section o(a) PP Rule 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 Motorcy
































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