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2020 Supreme(Gau) 540
GAUHATI HIGH COURT (AIZAWL BENCH)
Michael Zothankhuma, J.
Lalzawmliani - Appellant
Versus
Union Of India - Respondent
Writ Petition (Civil) No. 6 of 2020, 7 of 2020, 11 of 2020, 12 of 2020, 6 of 2020; Interlocutory Application (Civil) No. 40 of 2020, 41 of 2020, 42 of 2020, 43 of 2020, 40 of 2020
Decided On : 17-07-2020
Lalfakawma, Advocate, T. Lalzekima, Advocate, F. Lalhriatpuia, Advocate, Zairemsangpuii, Advocate, Dorothy Lalrinchhani, Advocate, C. Zoramchhana, Advocate
Headnote:
Assam Rifles - Detention of Areca Nuts/Black Pepper - Assam Rifles Act, 2006, Rule 8 of Assam Rifles Rules, 2010, Customs Act, 1962, Section 123 - The judgment discusses the detention of areca nuts and black pepper by the Assam Rifles, the legal provisions under the Assam Rifles Act and Rules, and the Customs Act. It highlights the power of the Assam Rifles to prevent smuggling and the burden of proof under the Customs Act. The court directs the Customs Department to take up the case and conduct an investigation to determine if the detained goods are smuggled.
Fact of the Case:
The petitioners challenge the detention of areca nuts and black pepper by the Assam Rifles, alleging illegal detention and financial loss. The Assam Rifles detained the goods on suspicion of smuggling without further investigation. The petitioners seek release of the goods and damages.
Finding of the Court:
The court finds that the Assam Rifles' detention of the goods without further action is illegal. It directs the Customs Department to conduct an investigation to determine if the detained goods are smuggled. The court declines to entertain the petitioners' request for damages.
Issues: Detention of goods by Assam Rifles, legality of detention, burden of proof for smuggling, release of goods, and damages.
Ratio Decidendi: The Assam Rifles have the power to prevent smuggling but must act within the law. The burden of proof for proving goods as smuggled lies with the detaining officer. The Customs Department is directed to conduct an investigation to determine if the detained goods are smuggled.
Final Decision: The writ petitions and interlocutory applications are disposed of. The Customs Department is directed to take up the case and conduct an investigation to determine if the detained goods are smuggled.
JUDGMENT
Michael Zothankhuma, J. - Heard Mr. Lalfakawma, learned counsel for the petitioners in all the cases. Ms. Zairemsangpuii, learned CGC appears for the respondent Nos. 1, 2, 3 & 8. Mrs. Dorothty Lalrinchhani for respondent No. 4 and Mr. C. Zoramchhana, the Addl. Advocate General, Mizoram for respondent Nos. 5 & 6 in WP(C) No. 6/2020 and WP(C) No. 7/2020. Ms. Zairemsangpuii appears for respondents Nos. 1 to 4 in WP(C) No. 11/2020 and WP(C) No. 12/2020.
2. These four cases are being disposed of by a common order inasmuch as, the issues in all the cases are similar. After hearing the learned counsels for the parties for some length, this Court is of the view that the Assistant Commissioner, Customs Division, Aizawl has to be impleaded as a party in WP(C) No. 11/2020 and WP(C) No. 12/2020. Accordingly, on the oral prayer made by the petitioners'' counsel, the Assistant Commissioner, Customs Division, Aizawl is impleaded as respondent No. 5 in WP(C) No. 11/2020 and WP(C) No. 12/2020. Registry shall make necessary correction to the Cause Title in WP(C) Nos. 11/2020 and 12/2020.
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Mrs. Dorothy Lalrinchhani submits that she accepts notice on behalf of the newly impleaded respondent No. 5 and that as the issues in all the writ petitions are similar, the stand of the Customs Department made in their affidavit filed in WP(C) No. 6/2020 can also be relied upon in the other cases, i.e., WP(C) No. 7/2020, WP(C) No. 11/2020 and WP(C) No. 12/2020. Though no affidavits have been filed by the respondents in WP(C) No. 11/2020 and WP(C) No. 12/2020, this Court is disposing of all the cases based on the affidavits filed by the parties in WP(C) No. 6/2020.
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3. The petitioners'' grievance in all the writ petitions is with regard to the detention of areca nuts (betel nuts)/ black pepper at the outskirts of Aizawl (Zemabawk), Dulte village, Khawzawl district and Vaphai village, by the Assam Rifles, which were being transported by Trucks from Champhai to Aizawl, Bilkhawthlir, Kalain and Silchar.
4. In WP(C) No. 6/2020, 130 bags of areca nuts which was being transported by vehicle bearing Registration No. NL 01 N-2627 had been detained on 27.11.2019 by the 46th Assam Rifles Battalion, while in WP(C) No. 7/2020, 400 (four hundred) bags of areca nuts, which were being transported in vehicles bearing Registration No. MZ 05 A-1197 and AS 01-KC 6846 had been detained by the 46th Assam Rifles Battalion on 05.01.2020. In WP(C) No. 11/2020, 440 bags of areca nuts, which were to be transported by vehicles bearing Registration No. MZ-04-A-0060 and AS-11-DC-0690 had been detained by the 8th Assam Rifles Battalion on 17.01.2020, while in WP(C) No. 12/2020, 53 bags of areca nuts and 150 bags of black pepper, which were being transported by vehicle No. MZ-04-A-1231 had been detained by the 8th Assam Rifles Battalion. The petitioners'' case in WP(C) No. 6/2020 is that the areca nuts had been bought from M/s Anuni Store, Kahrawt veng, Champhai. In WP(C) No. 7/2020, the petitioners'' case was that the areca nuts had been bought from M/s Sawmi Store located at Champhai Zote. The petitioners'' case in WP(C) No. 11/2020 was that the areca nuts had been bought by the petitioner from Vaphai village, Champhai district, while in WP(C) No. 12/2020, the petitioners'' case was that he had bought the areca nuts and black pepper from Vaphai village, Champhai district.
5. The petitioners'' counsel submits that the Assam Rifles have detained the trucks and areca nuts/black pepper, without issuing any seizure memo to the petitioners, on the suspicion that the seized goods were smuggled goods. Also, no further action had been taken by the Assam Rifles with regard to verifying/investigating whether the detained goods were smuggled goods. The petitioners'' counsel submits that in a similar case, i.e., WP(C) No. 174/2019, which was disposed of by this Court vide its Judgment & Order dated 11.12.2019, the Assam Rifles were directed to release the vehicles and the areca nuts to t
