HIGH COURT OF MEGHALAYA
KESSY TURNIA – Appellant
Versus
UNION OF INDIA AND ANR. – Respondent
WP(C) 77 / 2026
Serial No.22 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 77 of 2026 Date of Decision: 13.03.2026 Smti. Kessy Turnia, Daughter of Shri. Wining Shylla, Aged about 45 years, Resident of H.No. 10, Thangrai Village, South West Khasi Hills District, Meghalaya – 793114.
…Petitioner -Versus-
1. Union of India through the Secretary, Ministry of Finance, Department of Revenue, New Delhi-110001.
2. Assistant Commissioner/ Assistant Director, Directorate of Revenue Intelligence/Customs (Preventive), Shillong, Fab’s House Langkyrding Mihngi, Block 2, Shillong – 793012.
…Respondents Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance:
For the Petitioner/Applicant(s) : Mr. P.Yobin, Adv.
Mr. K.V.Kharlyngdoh, Adv.
For the Respondent(s) : Dr. N.Mozika, DSGI with Law journals etc:
in press:
JUDGMENT AND ORDER (ORAL)
1. The petitioner, who is stated to be a local trader engaging in dried areca nuts trade is before this Court challenging the seizure of a consignment on 06-01-2026 by the respondents, while the same was being transported in a truck bearing No. ML-12-0072.
2. Mr. P.Yobin, learned counsel for the petitioner, has submitted that the petitioner was engaged in lawful trade of transportation of the dried areca nuts, and the seizure by the respondents is not based on any substantive information or facts, nor was there any reason to believe on their part that the same was smuggled. He therefore, prays that appropriate orders be passed for releasing the goods into his custody, and also from any further coercive action being taken pursuant to the seizure dated 06-01-2026.
3. Dr. N.Mozika, learned DSGI assisted by Ms. M.Myrchiang, learned counsel for the respondents, has submitted that the petitioner’s goods were seized on the basis of source information that the said dried areca nuts had been loaded from near Bangladesh border. He further submits that as the petitioner is already participating in the proceedings before the respondents, the writ petition is premature. He therefore, submits that no interference is called for at this stage.
4. Mr. P.Yobin, learned counsel for the petitioner, in reply submits that though the petitioner is participating in the proceedings and an application under Section 110 (A) of the Customs Act has been filed, but the same has not been disposed of.
5. On hearing the learned counsel for the parties, and on the limited issue involved herein, from a perusal of the materials it is seen that the dried areca nuts amounting to over ₹ 80 lakhs, had been seized from a truck being No. ML-12-0072, and the reasons for seizure is on charges of illegal importation to India, in contravention to the Customs Act. However, as it is submitted that the petitioner is participating in the proceedings, this Court at this stage, sees that no interference is called for, and as such, the writ petition is closed with directions that the proceedings be completed expeditiously. It is however, also directed that the application under Section 110 (A) of the writ petitioner be given due consideration and be disposed of in accordance with law, preferably within a period of four weeks from today.
6. Writ petition accordingly stands disposed of.
Judge
SAMANTHA ANNA LIYA
RYNJAH
Date: 2026.03.13 16:38:08 IST
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