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1987 Supreme(All) 593
IN THE HIGH COURT OF ALLAHABAD
K. C. Agarwal and R. K. Gulati, JJ.
BHAGWANDAS - Appellant
Versus
UNION OF INDIA (UOI) - Respondents
Civil Misc. Writ Petition nil Of 1987
Decided On : 12/23/1987
The court's decision was based on the provision of Section 143 of the Customs Act, which allows for provisional release of seized goods upon fulfillment of specified conditions.
Headnote:
Customs Act - Provisional Release - The court directed respondent No. 3 to decide the application made under Section 143 of the Customs Act for provisional release of the trucks within 10 days from the date of filing of a certified copy of the order. Failing to decide the application, the petitioner will be entitled to get release of the trucks after furnishing bonds as required under Section 143 of the Act.
Fact of the Case:
The trucks of the petitioner with contravened goods were seized by the Central Excise and Customs. The petitioner sought direction for the release of the trucks.
Finding of the Court:
The court directed respondent No. 3 to decide the application for provisional release within 10 days. Failing to do so, the petitioner would be entitled to release the trucks after furnishing bonds as required under the Act.
Issues: Petitioner seeking direction for release of seized trucks, pending application for provisional release under Section 143 of the Customs Act.
Ratio Decidendi: The court found it in the interest of justice to direct respondent No. 3 to decide the application for provisional release within a specified time frame.
Final Decision: The writ petition was disposed of with the direction for respondent No. 3 to decide the application for provisional release within 10 days, failing which the petitioner would be entitled to release the trucks after furnishing bonds as required under the Act.
( 1 ) WE have heard Shri A. P. Mathur the learned counsel for the petitioner as well as the counsel appearing for the Union of India.
( 2 ) IN this case, the trucks of the petitioner alongwith contravened goods bearing N6,s. PAT 2017 and PJB 3097 were seized by the Central Excise and Customs to release them. The writ petition was rejected. While rejecting the court ordered that the petitioner should move a proper application for provisional release as required under Section 143 of the Customs Act, 1962. Upon the application being made they would be decided within one month from the filing of the same. The applications made by the petitioner are still pending before respondent No. 3. Apart from the filing of the application the petitioner had also approached respondent No. 2 for the same. The petitioner feeling aggrieved has come to this court again seeking direction to Dy. Collector, Central Excise and Customs for release of his trucks.
( 3 ) WE, after hearing the counsel for the petitioner, are of the opinion that it would be in the interest of justice to direct to respondent No. 3 to decide the application made under Section 143 of the Customs Act for provisional release of the trucks within 10 days from the date of filing of a certified copy of this order. Failing to decide the application, the petitioner will be entitled to get release of the trucks aforesaid after furnishing bonds as required under Section 143 of the aforesaid Act. The bonds to be executed by the petitioner shall be to the value of the trucks. With the observation made above, the writ petition is disposed of. The petitioner shall be given a certified copy of the order, if applied for, within two days.
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