##PAGE1##

Page No.# 1/4 GAHC020002142026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL

PRADESH)

KOHIMA BENCH

Case No. : WP(C)/42/2026

M/S NAGALAND ARECANUT TRADER AND TRANSPORT (NATT)

THOUGH ITS PROPRIETOR SHRI KIYETO ZHIMOMI, S/O VIKUHO ZHIMOMI, R/O MISHIKITO VILLAGE, CHUMUKEDIMA, NAGALAND - 797103

VERSUS

THE UNION OF INDIA AND ANR REPRESENTED BY THE ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE

AND INTELLIGENCE, DIMAPUR, NAGALAND 2:THE SENIOUR INTELLIGENCE OFFICER

DEPARTMENT OF REVENUE INTELLIGENCE DIMAPUR

NAGALAND

Advocate for the Petitioner : C. T. JAMIR, SR. ADV, O TEMJEN JAMIR,JAWAMONG YADEN,IMTILA PONGEN,NUNGSANG AIER,KROVI

TSUKRU,TOSHI JAMIR,ASA RUTSA,ALIBA OZUKUM,I IMCHEN

Advocate for the Respondent : ,

BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER

ORDER

09/04/2026

Heard learned Senior Counsel for the petitioners, Mr. C.T. Jamir assisted by learned counsel, Mr. Aliba Ozukum.

Page No.# 2/4

2. The instant writ petition has been filed assailing the alleged illegal seizure of the petitioner’s consignment of Areca nuts and his vehicles by the Directorate of Revenue Intelligence (DRI), Dimapur without jurisdiction and the consequential initiation of proceedings

under the Customs Act, 1962.

3. The contention of the petitioner is that the goods in question which have been seized form part of a legally auctioned stock conducted by the Government of Manipur through a duly notified public auction. It is also stated that all the statutory compliances and documents required for transportation of the goods have been duly procured by the petitioner. The said permits have been verified and confirmed to be genuine by the competent authority. Despite the existence of the valid documentation, the officers of the Directorate of Revenue Intelligence, Dimapur have intercepted the vehicles on 20.12.2025 and proceeded to seize the goods and vehicles solely on the grounds that the drivers were unable to

produce valid documents when they were intercepted.

4. Further it is contented that the areca nuts are not prohibited items, and their transportation within the State of Nagaland is permissible subject to regulatory compliance, which has been duly

complied with in the present case.

5. It is further stated by the learned Senior Counsel that the petitioner had moved a Zimma Application before the Learned Principal District & Sessions Judge, Dimapur vide I.A No. 82/2026 and by order dated 12.03.2026, the learned Principal District & Sessions Judge, Dimapur had allowed the application and released the seized 570 bags of areca nuts to the petitioner on the condition

Page No.# 3/4 that the petitioner shall execute a zimma bond of Rs. 10 lakh and

furnish a surety to the satisfaction of the I.O. of the case.

It is submitted that after the zimma order was passed on

12.03.2026, the petitioner has approached the Directorate of Revenue Intelligence authorities on several occasions but, the seized

items have not been released to the petitioner.

6. The petitioner in the instant petition has also assailed the seizure memo dated 20.12.2025 by which the 570 bags of Areca nuts have been seized as well as two Trucks Bearing registration No. CG-04- JD-5709 and AS-01-FC-7638 without having any sufficient grounds and “reasons to believe” that the seized goods have been smuggled

in violation of the provision of the Customs Act, 1962.

7. Issue Notice, returnable in 4 (four) weeks.

8. The learned CGSC, Mr. Z.N. Ngullie accepts notice on behalf of the respondent No. 1. The petitioner shall take steps for service on the respondent No. 2 by Speed Post as well as usual process within

3 (three) working days.

9. List after 4 (four) weeks.

10. In the interim, it is directed that the respondent authorities shall release the 570 bags of areca nuts to the petitioner which has already been released by the Principal District & Sessions Judge,

Dimapur vide order dated 12.03.2026 immediately.

List after 4 (four) weeks.

Page No.# 4/4

Sd/-

JUDGE

Comparing Assist