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 Motorcycles, the custom authority moved this court by filing Criminal Revision No. 1/2002. The Revision Application was allowed by order dated 3.12.2002 by setting aside the order of the learned Magistrate.

3. According to the petitioners they are not foreign nationals and they have also not been declared to be so by the competent authority and thus they are entitled to hold property in India including the State of Mizoram. The case made out in the writ petition is that the petitioners ever since the seizure of the Motorcycles on 8.4.2002 have been waiting for a logical conclusion to the cases registered against them. According to them they have not received any notice relating to the aforesaid proceedings and are in complete dark. They have asserted that they are entitled to get back the Motorcycles and the respondents have no authority in law to keep the seized Motorcycles in indefinite custody without bringing the proceedings to an end.

4. It is with the aforesaid narration of fact that the following prayers have been made in the writ petition by the petitioners.

"In the premises aforesaid it is therefore prayed that your Lordships may graciously be pleased to admit the petition, issue a Rule calling upon the respondents to show cause as to why a writ/direction as prayed for shall not be passed and/or pass an order directing the respondents, (i) for direction to the respondents to inform the petitioners as to the pendency of case, if any initiation of proceeding and the place of proceeding against the petitioner within a specified time;

(ii) for a direction to the State of Mizoram to dispose of the Cri TR No. 663/2002 arising out of Aizawl PS case No. 175/2002, pending in the Court of H. Vanlaltina, Magistrate 1st Class, Aizawl, Mizoram, within a fixed period; (iii) to quash Custom Seizure Case No. 11/CL/ EXP/CUS/AS-AIZ/2002 dated 8.4.2002 and No. 12/CL/EXP/CUS/AS-AIZ/2002 dated 8.4.2002 for violation of provision of Sec 124 of the Customs Act and for a direction to release the properties of the petitioners as seized on 8.4.02/ (iv) For a direction to release the properties of the petitioners as seized on 8.4.02 as provided under Sec 124 of the Act; and upon hearing the parties and on causes shown and on hearing the parties be pleased to make the Rule absolute and/or be pleased to pass such further or other order or orders as 3 our Lordships may deem fit and proper".

5. The respondents have filed their affidavit controverting the claim made by the petitioners. According to the revelation made in the affidavit, the seizure took place on 8.4.2002 during a vigil operation by the custom officials. The four motorcyclists were signaled to stop, but instead they drove faster and it was under that circumstances one of them was apprehended with his motor cycle. Upon