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2019 Supreme(Gau) 647

ACHINTYA MALLA BUJOR BARUA, NELSON SAILO
Sarada Traders – Appellant
Versus
State of Assam Rep by Commissioner and Secretary to the Govt. of Assam – Respondent


Advocates Appeared:
A. Saraf, Advocate

JUDGMENT :

Achintya Malla Bujor Barua, J.

Heard Dr. A Saraf, learned senior counsel for the appellants. Also heard Mr. D. Saikia, learned senior counsel for the respondents No.1, 4, 5, 6 and 7 and Mr. B Choudhury, learned counsel for the respondents No.2 and 3 as well as Mr. S.C Keyal, learned ASGI for the Customs Department.

2. Considering the conclusion of the learned Single Judge in the judgment and order dated 25.10.2109 in WP(C)No.7081/201 and the other connected writ petitions that the investigation revealed the commission of the principal offences under the Customs Act of 1962 (in short Customs Act) and the consequential direction to hand over the investigation to the customs authorities, along with the seized goods and trucks for further investigation, we required the presence of the authorities under the Customs Department to respond in this writ appeal. Accordingly, Mr. Sujithkumar P. Sompur, Joint Director, DRI Guwahati Zonal Unit and Mr. SC Keyal, learned ASGI representing the Customs Department are present and heard.

3. As all the appeals are based on a common set of facts, involving the same question of law, and more so considering the aspect that the learned Single Judge

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